Legal Question in Criminal Law in California

Testifing against your spouse

My husband threaten to kill me, and with pressure from my parents I called the police. Although, I did not file charges, there were charges filed by the DA on a threat to terrorize charge that was drop to a mistermeanor. They have set the charges for trial. Before I knew this I went the DA's office to write a statement stating I do not want charges filed against my husband I just want him to leave me alone and I checked the box on the form that I refused to testify. Well, the trial is set for Febuary 26th and the police here have been trying to serve me with a supeona to testify for the prosicution, they have not been able to serve this because we keep missing each other. My question is can they really force me to testify against my husband? We are not together nor do we have contact with each other through a court order. The reason I ask is because I thought there was a law in the state of California that forbids wives or husbands for that matter to testify against each other. Thank You for your time, and I hope you will reply to my question soon.


Asked on 2/15/04, 7:21 pm

2 Answers from Attorneys
Ronald Richards Law Offices of Ronald Richards and Associates

Re: Testifing against your spouse

statements of violence of are exceptions to the spousal testifying rule as to priviledge. You should have an attorney file a motiont to quash the subpoena if you called as a witness but your statements may be admitted without your testimony.

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Answered on 2/15/04, 7:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Testifing against your spouse

In general, a person can't be forced to testify against his or her spouse. There are exceptions to this rule, however. In California, one of these exceptions applies to criminal case in which one spouse is accused of a crime against the other. Yours is such a case, so you can indeed be compelled to testify against your husband.

Prosecutors know that abused wives are often reluctant to testify against their husbands for fear of the husband's reaction. Giving in to this kind of fear almost never alters the husband's abusive behavior, and if he goes free he will have more opportunities to be abusive in the future. The next time, he might make good on his threat to kill you.

Your judgment on this subject may not be reliable. Please listen again to your parents before you make your decision.

Good luck.

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Answered on 2/15/04, 7:51 pm


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