We did get into a fight. He left after and my roommate called the cops. He never hit me with a closed fist. I don't know what to do. I'm not with him. But things are good...were raising our 9month old. I don't want to testify.
*when this happened I was pregnant
Please help me
2007-06-05 09:39:09 · 10 answers · asked by PRETTY IN PINK 2 in Politics & Government ➔ Law & Ethics
"he didn't hit me with a closed fist"
HOW STUPID ARE YOU? he hit you thats enough
If he would have hit you with a closed fist you would have said
"he didn't hit me very hard at all"
Can't you see that you are enabling him if you do not allow the process to work and he gets help?
2007-06-05 09:44:18 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Some states have a spousal testimonial privilege so that you won't have to testify if you're married.
Sounds like you're not though. You may not want to testify but please consider a couple of things 1) If you called the cops that was pretty serious - that used police resources and now prosecutorial ones; 2) If he hit you he might hit your child. There is NEVER an excuse for being physical. However, I understand your concern about testifying.
However, if they subpoena you, you need to show up and testify or you'll be held in contempt. If you lie on the stand, they'll impeach you with your prior police report. It's a hard place to be in.
Perhaps you can explain your position to the prosecutor and ask them to consider a deferred prosecution agreement. In this kind of agreement your daughter's father agrees to extend the statute of limitations and, in turn they agree NOT to prosecute him, providing he doesn't hit you/get in trouble for a specified amount of time. This way, if he does hit you, you can go back and testify not just once, but twice.
2007-06-05 09:46:24 · answer #2 · answered by tails 2 · 0⤊ 0⤋
Things are good now until they get bad again. And, as long as this guy's not locked up, you can be sure they will get bad again. For the sake of you and your daughter, do whatever it takes to get rid of this guy. You'll be better off without him than you are with him. Anyone who would hit a pregnant woman is capable of doing a lot worse. Maybe it'll be your daughter next time. Of course, maybe the next woman he hits won't be you. Maybe it'll be the next woman he's with after he gets tired of you, someone who didn't know what you already know about him. But maybe you think that won't be your problem. Just because you could have done something abut it doesn't make it your problem, does it?
Stand up for yourself, do the right thing and testify.
2007-06-05 09:50:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
what do you mean he didn't hit you with a closed fist??? was he physical at all. For the sake of your daughter stay away from this guy if he is physically or verbally abusive. I have been in abusive relationships and I now have a daughter. I will not ever let anyone do me the way I have been done before and I will raise by girl to be a strong independant woman where her need for a man will only be because they are happy and in love!!
Strive to Live the life you want your daughter to live.
2007-06-05 09:45:44 · answer #4 · answered by Jackie 3 · 0⤊ 0⤋
As many of the others here point out, whether or not you are legally required to testify is fact specific. There are generally two types of spousal immunity / privilege.
One type (privilege I believe), prevents you from being required to testify against your spouse (I believe this is the testifying spouse's privilege). You did not say whether you were married or not, and this would ONLY apply if you were married (I believe at the time of testifying).
The other type (immunity I believe), disallows you from testifying to conversations between spouses. Again, you have to be married (at the time of the conversation) for this to apply.
These concepts are likely spelled out in the criminal procedure laws of your state. Even if you were married and either / both apply, there are exceptions to one or both of these in many states where there is family violence or danger to child.
Like the others here, I would recommend you seek help and do everything you could to protect yourself and the child(ren) involved.
2007-06-05 11:07:16 · answer #5 · answered by Chris 2 · 0⤊ 0⤋
As it is a criminal matter, unless you are married to him, you do not have a choice, you will have to testify. If you fail to appear, you could be cited for Contempt of Court and put in jail until you do testify.
2007-06-05 09:45:03 · answer #6 · answered by bottleblondemama 7 · 0⤊ 0⤋
Well, first, he should have never hit you in the first place. That's unacceptable behavior in any relationship. It's even worse that he did it while you were pregnant with his child.
Second, I don't think you have much choice. That's pretty much the point of a subpoena. I'm sorry if it makes you uncomfortable, but you shouldn't be defending him.
2007-06-05 09:46:47 · answer #7 · answered by razorj06 2 · 0⤊ 0⤋
This is the second time you have asked this question. You probably wont get the answer you like.
The subpeona means you have no choice but to go to court. How you answer is up to you.
Good luck.
2007-06-05 09:51:12 · answer #8 · answered by stormey_84074 3 · 0⤊ 0⤋
YOU CAN ONLY TESTIFY AS TO WHAT YOU SAW---YOU CAN NOT TESTIFY ABOUT WHAT YOU HAVE NOT SEEN,OR ABOUT/WHAT DO NOT KNOW---IN MOST STATES,YOU CAN NOT LEGALLY BE REQUIRED TO TESTIFY AGAINST YOUR SPOUSE---YOU DID NOT STATE YOUR MARITAL STATUS WITH YOUR DAUGHTERS FATHER.
2007-06-05 09:49:35 · answer #9 · answered by LONG-JOHN 7 · 0⤊ 0⤋
IF HE DID IT ONCE AND GOT A WAY WITH IT THEN HE WILL DO IT AGAIN STOP HIM BEFORE HE REALLY DOES HURT SOMEONE.
2007-06-05 09:50:05 · answer #10 · answered by sarah 2 · 0⤊ 0⤋