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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.

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13y ago

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Do you have to testify against your boyfriend?

Unless you are married you could be forced to testify. A spouse can not be forced to testify against a husband/wife.


Can information taken by a common law wife be used against her husband?

Common law recognised the important of marriage . The general rule is , wife or husband shall not be compel to testify in criminal proceeding if one of either is being charge of an crime , unless in case of domestic violence .If wife or husband wish to testify in defence of the spouse , he or she shall do so by his or her will hence . Court will not subpoenaed them .If the information so taken are of that kind of proving the relevant fact in question , than it can be use against the husband .In common law , wife or husband mean . The current and the former wife or husband .


Does a wife have to testify against her husband in a criminal case in Florida?

No, they can not make a spouse testify against a spouse.Added: But, they are not prevented from doing so, if THEY wish.


Can a husband testify against his wife and mortgage fraud?

Yes, a spouse can testify but only on a voluntary basis. The spouse can not be compelled to testify.


Is there an law stating that a wife cant testify against husband?

Under the US Constitution (5th Amendment), a spouse (wife or husband) cannot be compelled to testify.


Can a husband and wife testify against each other in a criminal case?

Yes


Can a husband choose to not testify against his mate in Washington state?

A spouse or civil partner of a defendant is almost always considered a competent witness for either side, and may choose to testify for or against their spouse. A defendant may, when relevant, compel their spouse or civil partner to testify on their behalf. The prosecution however, may only compel the testimony of the defendant's spouse or civil partner in cases of domestic abuse or violence or sexual offences towards persons under 16. When the spouse or civil partner is a co-defendant to the charges, they may not be compelled to testify. ~wikipedia.org/wiki/Spousal_privilege


Can a person be made to testify on a domestic charge against their will on a civil case?

You would have to appear in court if summoned. You can plead the Fifth Amendment if asked to testify.


If your husband stands beside you in court on DV assault third as a witness that he did not press the charges against you as you were not guilty will you win?

Difficult to answer. If there was an arrest involved, the arresting officer(s) will also testify as to what they saw and observed at the time. If their testimony is strongly indicative of the fact that an assault did occur (i.e.: obvious injuries - etc) the judge may discount his testimony and could convict you anyway. What most people don't understand, is that in Domestic Violence cases it is not up to the victim whether THEY want to press charges or not. Domestic Violence is a criminal assault crime committed against 'the state.' Your husband may be a reluctant witness, but it is not within his power to "drop" 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.


What is term that allows a sPouse to not testify against her husband?

The term that allows a spouse to not testify against her husband is "spousal privilege." This legal principle protects the confidentiality of communications between spouses, ensuring that one spouse cannot be compelled to testify against the other in court regarding private matters. The privilege varies by jurisdiction, but it generally aims to preserve the sanctity of marital relationships.


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.