Can I not testify against my husband on a domestic battery case?

If you were served with a subpoena, which is a court order to appear in court on a certain date and at a certain time, you are required to appear in court on the date stated on the subpoena. Failure to do so can result in the judge issuing a bench warrant or body attachment for your arrest. The police will be looking for you and when found will arrest you and eventually bring you to court to explain to the judge why you disobeyed the subpoena. The court can find you in contempt of court and sentence you to jail. If you refuse to testify, the court can also find you in contempt and sentence you to jail Since you are a witness and not a defendant or someone charged with a crime, the 5th Amendment will not apply to you. The 5th Amendment only involves protection against self-incrimination. Unless your testimony will in some way incriminate you in the commission of a crime, you cannot use it to avoid testifying.

See an attorney for your rights and obligations. Your position is quite common.

Retain a lawyer to advise you as how to proceed, but tell him the truth first. He will let you know if you can avoid testifying or if you can take the Fifth.

You can't plead the 5th unless your testimony will implicate you in a crime.

A subpoena is a court order directing you to appear in court and testify. If you do not comply or refuse, you can be held in contempt of court and placed in jail up to 93 days. You can tell the prosecutor that you do not wish to testify and see if they are willing to drop the charges. It is always the sole discretion of the prosecutor on whether or not to file or pursue criminal charges. While it is not ideal, they can and will sometimes proceed with a reluctant or uncooperative witness. The Fifth Amendment does not apply in your case as that is only protection against self-incrimination. You cannot plead the 5th amendment simply because you are testifying. You can only play the 5th amendment if you were being accused of a crime or your testimony could implicate you in a crime.

You have to testify or face contempt.

Pleading the fifth is only available for a person answering questions about a crime that they are suspected of doing. Your husband can plead the fifth, you cannot. The rule that you do not have to testify against your spouse only applies to what he tells you. It does not apply to actions that you are a witness to. If you are ordered to testify by the court, and you do not comply, you can be charged with contempt of court. Contempt of court is a misdemeanor and punishable by up to one year in the county jail and/or an up to $1,000.00 fine.