QUESTION
If my husband is charged with domestic assault for grabbing me and shoving me on the bed do I have to testify against him?
Asked on Feb 04th, 2014 on Criminal Law - California
More details to this question:
My husband and I were both heavily drinking when we got into a verbal argument. He grabbed me in a sort of "basket hold" and shoved me down on the bed. I called 911 and he was arrested. I filled out an overnight restraining order but I requested (and was granted) termination of the order in court. I do not remember what I wrote down on the request for protection form because I was drunk. I have no injuries and I do not want to pursue the charges. I know I can’t drop them but can I be forced to testify against my husband? He has a couple misdemeanors on his record, nothing else. We have been together for 4 years and this is the first incident. He is home on personal recognizance, there was no bail required except the $40.00 fee. Thank you for any answers.
8 ANSWERS
Michael J. Breczinski
You want to talk to the prosecutor about your desires in this matter. That person will often listen to your wishes.
Answered on Feb 12th, 2014 at 2:11 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You can assert the spousal witness privilege. However,the DA can use your previous statements and physical evidence,if any, to get a conviction.
Answered on Feb 07th, 2014 at 10:54 PM
1 Award
In Utah, you can assert your "spousal privilege" to refuse to testify against your husband. If you are unsure how to do this, hire a lawyer to help you.
Answered on Feb 07th, 2014 at 10:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You, once you call the police, are no longer in control. You can be subpoenaed and forced to testify. You should seek counsel, stay sober, and make it clear there will be no repeat of this allowed period.
Answered on Feb 07th, 2014 at 10:53 PM
James Edward Smith
Yes, if you get a subpoena you got to go testify.
Answered on Feb 07th, 2014 at 10:53 PM
Thomas Edward Gates
You do not have to testify against him. Make sure that there were no pictures of any injury and read the police report to understand their version. The prosecutor may not have enough material to proceed to trial.
Answered on Feb 07th, 2014 at 10:52 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you are 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.
Answered on Feb 07th, 2014 at 9:40 PM
Yes. You will be subpoenaed if it goes to trial.
Answered on Feb 07th, 2014 at 3:01 PM