Legal Question in Criminal Law in Colorado

domestic violence/ 2nd degree burglary

My husband is a recovering alcoholic

with 2 prior dv convictions, 1 felony

assault conviction. After I suffered a

miscarriage, a few days later he

began to drink again. As a result, he

has a new DV case, and violation of

restraining order (he was also on

probabtion for DUI & previous DV).

After the no contact order was

placed, he came into our house and

broke our computer. I called police

and they are charging him with 2nd

degree burglary and criminal

mischief. I wish not to tesify against

him. Do I get spousal immunity? I

also got a subpoena in the mail.

Does the DA have to personally serve

me to make it valid? If I wish not

totestify, should I contact the DA to

tell them this? What are my rights

as a spouse, and what is a likely

outcome?


Asked on 10/11/07, 10:31 pm

1 Answer from Attorneys
Philip Rosmarin Rosmarin Law Firm

Re: domestic violence/ 2nd degree burglary

If you wish not to testify, why do you call the police? There is no spousal immunity in a DV case. Unless you signed a waiver, the subpoena must be personally served or you cannot be held in contempt for failure to appear. If you contact the DA to say you don't want to testify, you are likely to be personally served. Your rights as a spouse are not to be beaten or violently intimidated by your husband, and if you don't testify the likely outcome is that you will continue to be beaten or violently intimidated.

Good luck, and to tell you the truth I hope you don't decide to remain a victim of a drunken son of a bitch, recovering or not.

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Answered on 10/12/07, 3:17 pm


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