Legal Question in Criminal Law in California

domestic violece/testifying against spouse

In California, in the matter of a misdemeanor DV, does the spouse/victim HAVE to testify, if he/she does not wish to?


Asked on 2/25/08, 4:31 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: domestic violece/testifying against spouse

Yes. Generally one spouse cannot be forced to testify against the other, but there are exceptions to this rule. The main exception is for domestic violence cases.

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Answered on 2/25/08, 4:56 pm
Terry A. Nelson Nelson & Lawless

Re: domestic violece/testifying against spouse

Once the police are called, a criminal complaint will be filed by the prosecutor, and the victim will be subpoenaed to court whether they want to testify or not. Nobody believes the victim when they recant and beg for their abuser to be released. Everybody knows or assumes the victim is being intimidated into doing so.

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Answered on 2/25/08, 5:30 pm


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