Legal Question in Criminal Law in California
my husband was arrested for domestic violence. i do not want to testify against him. he needs alcohol rehab, not jal. i have been summoned. do i have to testify? can i commit him to inpatient treatment? they issues a no contact order without me asking for it
3 Answers from Attorneys
There are exceptions to the marital privedge and 1 of them is in a domestic violence issue, where 1 of the spouses is a victim. Only if you believe you began the phyisical abuse, could you assert your 5th Amendment privledge against self-incrimination. You may want to contact our office so we can spend about 15 minutes going over the facts, so I may ne able to give you further direction. You can reach me by phone at 661-267-1313. I wish you well................ David Wallin
This case similarly involves the issue of "Who files charges?" in California. Unfortunately, you are a witness to a crime. Your opinion of what your husband needs, really counts for nothing, the judge decides that. You are not able to get him into anything; the charges are domestic violence, and they can force you to testify under threat that you go to jail. The reason for this is the courts and DAs got tired of battered women going to court and lying, saying they started the fight, in order to get their husband back home, usually causing more beatings. Sounds crazy, but that is why the DA will not let you into the case, you cannot bargain on his behalf, you cannot "drop the charges".
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