My husband and I had a huge arguement (2 years ago) that ended up going way over the top...we were under alot of stress (our son had just died, money issues, he lost his job ect.) well a nosey neighbor called the police and dh was taken to jail for criminal domestic violence, we were both upset and in the middle of a screaming/shoving match when the police arrived, they saw dh pinning me down ( he was telling me to calm down)....he was released the next morning and ordered to have no contact with me....which was of course rediculous, considering we had both realized how out of hand things were and had calmed down....well over the last year and a half dh has been going back and forth to court trying to get the charges dropped....but today I recieved a subpena from a police officer stating that I am ordered to appear in court and testify against DH! He warned that if I did'nt show or refused to "stick to my story" that I could go to jail! I did'nt even write the story, the police did.
2007-10-02 12:19:38 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No, you can't. But since you got a subpoena, you have to show up. But let the d.a. know that you will not be cooperative.
2007-10-02 12:23:06 · answer #1 · answered by Flatpaw 7 · 0⤊ 0⤋
If you signed it, your statement can be used,
If the communication between spouses was not witnessed by a third party, you don't have to testify. Its called spousal privilege. In some states, you are prohibited against testify against them, in other states you have the option to decide if you want to testify against them.
Unfortunately, it sounds like both the police officer and your neighbor saw/heard the exchange so you most likely no longer have spousal privilege.
I've included links for you to read some more. I'd definitely consult a lawyer, and confer with your husband's lawyer as well. If you approach this correctly, your husband may get a deal or a very minimum sentence. Besides conferring with the lawyers, you'll want to take some steps.
1. Look and act your best in court. Control emotion, and speak intelligently and clearly - your lawyer should be able to help with preparing you. Domestic abuse is often seen as a "low-class" crime, so avoid any stereotypes. This goes for both you and your husband.
2. Be prepared to explain why they should give your husband a break, again in a calm and intelligent manner. Hopefully this is a one-time occurance, under the immense stress you two were under at the time. Explain that, and also tell the court measures that were taken by the two of you to rectify the situation (such as anger management and marriage counseling).
Note: For yours and your families sake I seriously hope you are not defending an abuser, or abusing yourself. It does sound like you were going through some extremely tough times and I hope you've prepared yourself in the future for when tough times arise again - because there will always be those close-to-breaking points.
Best of luck.
2007-10-02 12:42:34 · answer #2 · answered by Dawn R 2 · 0⤊ 0⤋
1. They can subpena you to appear in court. And you do have to show up.
2. They can't force you to testify to anything. And I think if I were you I would get a lawyer, since the officer in stating that to you about sticking to your story basically threatened you if you didn't testify a certain way, committed coersion, which is illegal. Not to mention he tampered with a witness. He has no legal authority to tell you to do anything in the way of testifying - that is up to the District Attorney.
Contact a lawyer for yourself. Tell the lawyer what was told to you, and the situation. Also inform them of your wishes not to testify against your husband. It will be in your best interest to have someone looking out for your best interests, as well as offering you legal advice that is the best for you - not for their side of the case.
2007-10-02 12:34:51 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
With today's laws about spousal abuse, there will be concern that you will change your story because you are afraid of what your husband would do to you. Sad, but true.
You may consider it a "nosy neighbor" but I would have called the cops too if I heard a lot of screaming/shoving going on and if you were being pinned down, the cops had to go by what they saw, not your recanted story.
You must show up if you have been subpoena - I'd take a lawyer.
2007-10-02 12:31:18 · answer #4 · answered by Edith Anne 4 · 0⤊ 0⤋
Well, you do have to go to court
But in court you can tell the judge that yes, you guy's had some problems that day but are both willing to go to counseling to get this taken care of and want to drop all charges.
2007-10-03 04:51:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I believe you have to go since there is a subpoena, but I don't think they can make you testify against your spouse. Call a lawyers office and ask though.
2007-10-02 12:26:13 · answer #6 · answered by Robin L 6 · 0⤊ 0⤋
You have to go, but do not have to testify against your spouse. Contact your spouse's attorney -- they should be able to give you guidance since you are on his side.
2007-10-02 12:31:39 · answer #7 · answered by mj69catz 6 · 0⤊ 0⤋
as far as i know you dont have to testify against your spouce, this may be differant in other countries
2007-10-02 12:33:33 · answer #8 · answered by Robin F 4 · 0⤊ 0⤋