Does a wife have to testify against husband in a domestic violence case when she is the victim and has been supeonad?

Answer 1

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.

Answer 2

in US law a wife can not be forced to testify against her husband, lets say the hus band beat his wife and called the police. she refuses to press charges, but the police think that he beat her. they can arrest him on suspicion of battery. when it gets to court it depends on the judge, but usually it is case dismissed if there are no other witnesses.

This does not apply everywhere.

Answer 3

A wife should only testify against her husband if the crime was against someone that is FAMILY. How would it look on you say if your husband touches or rapes or even video tape you family member and still you stay with him knowing that he is jacked up in the head & if it happens once be sure it will happen again. what if you have a daughter. Then how would you feel? What if your child turns out just like them? Never chooes water over blood. It won't mix.

Answer 4

I don't believe that you have to, but it would help the wife's case if she were to testify.

if the wife wants some action to be done and make sure her husbands pays for what he did then yea it will be best but if the wife does not want to testify and wish to not press charges but the state pick up the case there it wouldn't matter it will know be up to the state what to decide to do with you .

Answer 5

That's generally the idea.

If the wife wants any action taken against the husband on her behalf, she will need to testify against him. She can also refuse to do so. However, she can't expect the husband to be punished by the law if she stays silent.

However, no one should refuse to testify against someone for fear of retaliation. That's why there are protective services and restraining orders. The internet isn't a good place to get legal advice, contact a local lawyer.

Answer 6

Not always. However, the state (district attorney or prosecutor) has the ability to file a motion with the court to hold any witness in contempt of court for refusing to testify.

The judge would then decide whether the witness has some legal reason to avoid having to testify, or may possibly put the witness in jail for contempt of court for contiinuing to refuse after being ordered to testify.

Answer 7

Not necessarily... If testifying makes you feel unsafe and uncomfortable than I believe you shouldn't do it. If the crime is something severe that he should have jail time for or suffer consequences for then do what you think is right.

Answer

Sometimes if you don't testify it is difficult for the charges to hold against that person. If your testimony is really all they have in order for the charges to hold against the ex-husband then the charges may be dropped. If you are afraid to testify against him and feel he will retaliate against you then you need to talk to the attorney and or prosecutor and tell them you are afraid. They will help guide you on your decision but remember, they cannot protect you once it is all over with and you have testified against him. They might be able to protect you for a while until it is all over with but then you will most likely be on your own after that. You have to use your good judgment to help you determine what to do and talk it through with people you trust who have good judgment and then make your decision. In some instances, you can be forced to testify whether you want to or not by the court issuing a subpoena for you to appear and testify and if you don't do it they can put you in jail.