What can I do to not testify against my husband in an assault case where I am the victim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do to not testify against my husband in an assault case where I am the victim?
I was subpoena to appear in court to testify against my husband for an assault .I didn’t make a report but I did call the police the state picked it up and now they want me to testify and in not willing to what should I do?
Asked on March 21, 2019 under Criminal Law, North Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A subpoena is a direct order from a court requiring that you to appear before it. If you ignore a subpeona you can be held in contempt and a warrant can be issued for your arrest. You can also face fines and/or incarceration. Some victims try to refuse to testify by invoking their Fifth Amendment rights (i.e. the right against self-incrimination). However, this right doesn't apply merely because a witness does not want to testify. Further, in domestic violence cases, many spouse's think that they can invoke what is called "spousal privilege", which is the right of one spouse not to have to give testimony against the other spouse. However, most states have amended their spousal privilege statutes to make an exception for DV victims since many are intimidated by their abuser not to testify. Accordingly, in these cases, one spouse can be made to testify against the other.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A subpoena is a direct order from a court requiring that you to appear before it. If you ignore a subpeona you can be held in contempt and a warrant can be issued for your arrest. You can also face fines and/or incarceration. Some victims try to refuse to testify by invoking their Fifth Amendment rights (i.e. the right against self-incrimination). However, this right doesn't apply merely because a witness does not want to testify. Further, in domestic violence cases, many spouse's think that they can invoke what is called "spousal privilege", which is the right of one spouse not to have to give testimony against the other spouse. However, most states have amended their spousal privilege statutes to make an exception for DV victims since many are intimidated by their abuser not to testify. Accordingly, in these cases, one spouse can be made to testify against the other.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.