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In some states, married spouses cannot be forced to testify against one another, HOWEVER - they are not forbidden from doing so if they voluntarily wish to do so.
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What is mary warren reluctant to do on elizabeths behalf?
In "The Crucible," Mary Warren is reluctant to testify on behalf of Elizabeth Proctor. She is afraid if she does testify, Abigail and the other girls will turn against her. She is finally persuaded to go to court and testify by John Proctor.
Do you have to testify if you get a subpoena?
A spouse may not be forced to testify against their spouse in criminal proceedings. In divorce court, however, spouses typically tear each other to shreds, which can cause lasting psychological damage. That's why most divorces are now "no-fault" procedures, except in cases where large amounts of money and property are being contested.
Can you testify in superior court if not subpoena'd?
No, not unless you are subpoeana'd by one side or the other. A person can voluntarily testify without being subpoenaed as long as one party or another calls the person as a witness. Expert witnesses are hired to testify in court; therefore they also testify without being subpoenaed.
Do you have to testify against a family member if I have been summoned as a witness in court?
Yes. They will treat you as a "hostile witness" and continue with the questioning. You cannot get out of it because you dont want to testify. Anyone can refuse to testify in court by pleading that by doing so they believe they may incriminate themselves along with the defendant. The 5th amendment of the US Constitution states that you have the right not to incriminate yourself. This is what it means when people say they "plead the fifth". If your testimony would not be incriminating to you and you just don't want to testify against a family member you can refuse to do so in any court in the US. However by refusing to give testimony to the court the judge may charge you with contempt of court and you could be fined and/or jailed. This rarely happens if the proceedings are of a civil nature,such as smail claims court or other civil court proceedings and even trafic court. It mostly occurs in criminal court proceedings, and Family court proceedings dealing with divorce or child custody.
Can a husband and wife testify against each other in a criminal case?
Yes
Can you be forced to testify against yourself in court?
In state court, you could not be compelled to testify in a state that recognizes your same-sex marriage, but you could be compelled if the state does not recognize your marriage. In federal court, you could not be compelled to testify regardless of whether the state recognizes your marriage, according to an announcement made on February 8, 2014, by United States Attorney General Eric Holder.
Does a wife have to testify against her husband is Wi in a domestic violence case?
A spouse cannot be forced to testify against the other regardless of the issue. However, not doing so might jeopardize the prosecutor's case against the individual who is facing the charges.
Does the victim have to testify in a domestic violence case even if they have other witnesses?
when the case is filed in the court you have to testify the charges against the abuser and the onus is on you to prove it.
Do you have to answer questions in court about a civil matter if you know the information you give can be used against your husband?
No you dont its called Spousal privilege which comprises two parts:Part One:::The marital confidences privilege (or marital communications privilege) is a form of privileged communication protecting the contents of confidential communications between a married couple. This privilege applies in civil and criminal cases. When applied, a court may not compel one spouse to testify against the other concerning confidential communications made during marriage.Part Two:::The spousal testimonial privilege (or spousal immunity) can be used to prevent any party in a civil/criminal case from calling the defendant's spouse to testify against the defendant about any topic.
How can get an injunction with out proof of harm?
If it is against a family member - file a complaint of Domestic Violence. When your court appearance is held you will have to testify in front of the judge as to why you are in fear of bodily harm and/or what is driving you to this point. Be aware that the other person will also be given the opportunity to testify and the judge will decide whether the events rise to the level of granting an inujunction or not.
Does a wife have to testify against husband in a domestic violence case when she is the victim and has been supeonad?
The law states, that a wife Does NOT have to testify against her husband if she does NOT wish too. Call you local Court house to verify, they will tell you the same. I had the same question a few yrs ago myself, lol.
Why does a defendant not have to testify?
WHAT court case does he not want to testify in - his own? He has that right if he wishes to exercise it. If you are referring to some other case in which he may not want to testify - the court has the power to compel his attendance and be called as a witness. If he takes the stand and refuses to answer questions or testify, the jury can then draw their own conclusion from his refusal, and use that, or not, in their deliberations.
