Legal Question in Family Law in California
I am a victim of DV. My husband also the defendant, Who as of now is in custody has denied all plea offer's and is taking this to trial. I have been given a subpoena from the city attorney as a witness. I would like to know first off if I have to testify against him b/c we are still legally married and also I am very afraid of retaliation from him later on down the line if I were to testify against him. Should I seek my own counsel as well.
3 Answers from Attorneys
I strongly urge you to consult with an experienced attorney to determine the best outcome you should take.
I agree with Ms. Kock. I might also suggest that you expand your search to an attorney who is familiar with criminal and domestic violence issues. A family law attorney wouldn't necessarily have this expertise.
If you have been supoenaed, you need to appear. You have the right not to incriminate yourself, however, but whether or not your testimony is self incriminating does not appear from your post. You also may want to repost this question in the criminal law category, as there are a number of attorneys who have familiarity with these kinds of cases. (I'm assuming that they are prosecuting him pursuant to Penal Code section 273.5, or a similar statute.)