Legal Question in Criminal Law in California

Re: subpoena received to testify against husband

The fact that you didn't want your husband charged is immaterial. Whether to charge someone is the prosecutor's decision, not the victim's.

In this situation, the fact that you are legally married also is immaterial. Spouses normally can't be compelled to testify against each other, but there is an exception to this rule for domestic violence cases.

My point here is that you have no legal right to refuse to testify. If you don't come to court you can expect to be arrested and brought there against your will. If you take the stand and refuse to testify you can - and almost certainly will - be held in contempt. The judge has wide discretion as to how the contempt should be enforced. Most likely he will have you jailed until you change your mind about testifying.

The fact that you don't want to testify suggests that your husband was the agressor, since you presumably would have no problem giving testimony which would exonerate him. The prosecutor's decision to pursue the case against your wishes tells me that it was a serious fight. Why you would risk being jailed to shield your husband from the consequences of attacking you is beyond me.