QUESTION
Can a wife refuse to testify against husband?
Asked on Nov 01st, 2013 on Criminal Law - Alabama
More details to this question:
There was a domestic violence incident between myself and my husband including a very strict no contact order. I've been trying to have it revoked since it was applied with no result. I was subpoenaed to testify at his pre-trial. I do not want to.
9 ANSWERS
The husband wife confidentiality rule applies only to statements made from one spouse to the other. This does not include any criminal acts committed in the spouse's presents. If you had a subpoena from the prosecution and you do not appear you are in contempt of court. It is then up to the prosecution to charge you or to dismiss the case against your spouse.
Answered on Nov 06th, 2013 at 1:43 PM
2 Awards
You're not required to and they cant make you. However, you should not continue to live in a violent, abusive household. Your husband has a problem and needs serious help. You should protect yourself. Violent, abusive relationships do not get better, they only get worse unless you do something about it.
Answered on Nov 06th, 2013 at 1:43 PM
John J. Carney
Retain a criminal lawyer to advise you on your rights and obligations as a witness as this must be done in a private meeting and with attorney-client privilege.
Answered on Nov 06th, 2013 at 1:26 PM
Family Law Attorney serving Glendale, CA
at
Oscar E. Toscano, Attorney at Law
Update Your Profile
Ask the court to appoint a lawyer for you or get a private lawyer to represent your interests. The problem is that in domestic violence cases, the prosecution can put on a case even without your testimony.
Answered on Nov 06th, 2013 at 6:16 AM
Michael J. Breczinski
Most domestic violence laws have an exception to the spousal privilege against testifying. You have to. Tell the prosecutor how you feel though.
Answered on Nov 06th, 2013 at 5:51 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
If you have been ordered to testify then you would need to appear in court and testify or otherwise you could be held in contempt of court and possibly sentenced to jail. You do not have a lawful right to refuse testimony in this case.
Answered on Nov 06th, 2013 at 4:57 AM
James Edward Smith
Not in this kind of case.
Answered on Nov 06th, 2013 at 4:49 AM
Personal Injury Attorney serving Pasadena, CA
at
Law Offices of Pius Joseph
Update Your Profile
This is tough question. There is something called a spousal witness privilege that can be asserted that will permit you from not testifying against your spouse. However, since you are the alleged victim under a subpoena, the judge will have to rule on the merits of your privilege claim before you can be compelled to answer. It may be a good idea to have your own lawyer go with you at the hearing.
Answered on Nov 06th, 2013 at 4:35 AM
Criminal Defense Attorney serving Birmingham, AL
at
The Harris Firm, LLC
Update Your Profile
Absolutely, a wife can refuse to testify against her husband.
Answered on Nov 06th, 2013 at 4:27 AM