Legal Question in Criminal Law in Florida

Testifying against my husband

I want to know if in the state of fla., do you have to testify against your spouse if they have a domestic charge against them dealing with you. We are currently sepperated and have an injunction placed until 2012, and we haven seen eachother since then, but i went to the state att's office and ''i guess'' made a statement, but soon thereafter advised them that i no longer wanted to press charges cause i knew the state was gonna pick up the case for the other charges. Can you pls tell me if i am still liable to testify against him...


Asked on 2/02/09, 6:09 pm

2 Answers from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: Testifying against my husband

In domestic violence case in the State of Florida the prosecutors are under a mandate to impose a "pro prosecution policy" whereby they will try to prosecute a case (depending on the evidence) without the victim. If the State of Florida decides to proceed against your husband, you may receive a subpoena to testify at trial. If you are legally served with a subpoena, that is obviously a court order for you to appear and there may be legal consequences if you do not appear in court after being served.

I'm not sure where this situation is occuring, but if it is in the Tampa Bay area, I would be available to help you out. Otherwise, you'll want to ocntact a local criminal defense attorney to assist you and/or your husband.

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Answered on 2/02/09, 7:10 pm
Brent Rose The Orsini & Rose Law Firm

Re: Testifying against my husband

In certain circumstances, spouses cannot be required to testify against one another. However, there is a specific exception in spouse battery cases. In spouse battery cases, spouses must testify against one another if called to the witness stand.

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Answered on 2/02/09, 7:43 pm


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