Ok, my husband and I got into a little scuffle..nothing major...well he grabbed my hand with my keys in them...i called the police because all I really wanted them to do was give me my keys...well they ended up arresting him for domestic assault because he "forcibly grabbed my hand" and that is really all they have on him. I did write a statement saying that was all he did and that was the truth...well he had to go to court today for an arraignment..and tomorrow we have to go to court again to get the C.O.R. amended...(a COR is where he can not contact me for anything nor come home)...well my question is...I know they are going to make me come to court..I am not pressing charges against him..the state of tennessee is..i was wondering if I could plead the fifth..if I do can i get in trouble for not speaking..or is it best to just say that the only thing he did was grabbed my hand?
2007-08-27 06:01:20 · 6 answers · asked by just me 2 in Politics & Government ➔ Law & Ethics
He has never hit me..if anyone has the anger problem it is me..only thing he was simply trying to do was talk to me because well I was trying to pack my things..trust me if he would have hit me..well i would be in an orange jump suit...but i told the police officer that was all he did was grabbed my hand to talk to me and to get my attention, but they still took him down.
2007-08-27 06:19:40 · update #1
I ran this on my legal search engine and found 29 Tennessee cases regarding the husband-wife privilege in Tennessee. The word "privilege" in this context means you cannot be compelled to testify against your husband. Unlike my state, Tennessee has a privilege rule in its rules of evidence for both criminal and civil cases. The 5th Amendment does not apply as an earlier answerer stated because you are not being accused of a crime. You probably cannot get into trouble for not speaking and if that's the case, whatever you said to the police becomes hearsay. However, that doesn't seem to be the best course of action. If all he did was grab your keys, the state's case seems weak. Therefore, if he was my client, I'd be inclined to have you testify to emphasize that this is not a serious matter. Domestic violence is a tough area of the law. For reasons I can't explain, the federal government has taken the position they can withhold money from the states for transportation funds (I have NO clue why they have taken that position) if they don't enforce domestic violence. As an attorney, it seems to me you're the best witness available to help your husband. I'd testify it was insignificant--that all he did was grab your hand. If you want to help him, the best thing you can do is testify. Your problem is explaining why you felt threatened enough to call the police. They'll have your 911 call and that is admissible to show cause why they responded. Without your testimony, he has a problem with mounting a good defense. The best advice I can give you is to discuss this with his defense attorney. Also, you need to testify to convince the court you want him to return home. I won't bother lecturing you about domestic violence--but consider yourself lectured. OK?
2007-08-27 06:35:09 · answer #1 · answered by David M 7 · 6⤊ 0⤋
The police did not arrive there out of the blue, you called them. I believe that you are protecting the abuser now. Domestic violence is a crime and no one has the right to keep anyone from leaving and grabbing their arm. A wife does not have to testify against a husband - it is the law. I don't know your situation, so I can't judge, but many times fights do escalate and if a person has an anger problem, it can be life threatening. Take care of your self be smart and assess the situation as it really is.
2007-08-27 06:09:06 · answer #2 · answered by margo 2 · 1⤊ 0⤋
Why would you plead the 5th? Were you guilty of something? (because thats what it covers) Many States cannot force a spouse to testify against the other spouse. Your state must have the law that requires a policeman to arrest any person found to have committed any type of battery against another person. This is done for protection of the abused since they do not need to file charges and it also keeps people from using the police to settle arguments but nothing else. (waste of taxpayer money)
2007-08-27 06:08:30 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
It is my opinion that if the state is pressing charges, then they must provide the evidence, which in this case is your statement. I believe that you are not obliged by law to testify against your husband, because he's your husband.
if you refuse to testify the case may be dropped providing you make it clear that you're not afraid of your husband and feel that there isn't any grounds to fear anothert incident.
Do reflect carefully, though. If this happens often, and he throws his weight around, then it's time he got a lesson.
2007-08-27 06:12:18 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You can't be compelled to testify against your husband but if it were me I would simply go in and tell the truth of what happened.
2007-08-27 06:07:46 · answer #5 · answered by ? 5 · 1⤊ 0⤋
it is in the hands of the police, let them do the work
2007-08-27 06:10:39 · answer #6 · answered by Anonymous · 0⤊ 0⤋