QUESTION
Can I be made to testify against my husband who has been of accused of domestic violence?
Asked on Apr 16th, 2013 on Criminal Law - Michigan
8 ANSWERS
Having been subpoenaed to testify you are in contempt of court if you do not show up to testify.
Answered on Apr 18th, 2013 at 8:28 PM
1 Award
In Utah, you do not have to testify against your husband. Tell the prosecutor you intend to use your "spousal privilege" to refuse to testify against your husband. If you feel uncomfortable doing this, hire a lawyer to do it for you.
Answered on Apr 17th, 2013 at 3:29 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Unless you can claim that your testimony would implicate you in a crime for 5th Amendment purposes, you will probably have to testify. There is no spousal privilege in Michigan in DV cases.
Answered on Apr 17th, 2013 at 3:29 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Ask your attorney about the applicable spousal privilege in your jurisdiction.
Answered on Apr 17th, 2013 at 1:02 AM
Thomas Edward Gates
While you can not be "forced" to testify, you must appear or else a warrant will be issued for your arrest. Generally, a prosecutor has pictures and the police observations to support his position, hence your testimony or the lack thereof does not determine the outcome.
Answered on Apr 16th, 2013 at 3:29 PM
Michael J. Breczinski
In most cases the spouse does not have to testify against the other under the spousal privilege; but many States have eliminated this for domestic violence. The answer is probably yes.
Answered on Apr 16th, 2013 at 3:29 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you cannot ignore the subpoena or refuse to testify generally. If you believe you should be an exception to the rule you should see an attorney for counseling.
Answered on Apr 16th, 2013 at 3:28 PM