Legal Question in Criminal Law in Illinois

Re: domestic battery

Yes, the State can still proceed with its charges against the person for domestic battery. And, yes, they can call you to testify. However, depending upon your jurisdiction, the State may choose not to pursue the charges if you are unwilling to testify. You need to call the State's Attorney's Office and discuss your options (some have documents you can sign stating that you wish to drop the charges, others will continue regardless, particularly if this is not a first offense). No, it would not be a violation of the Fifth Amendment (self-incrimination) to have you testify, unless you are testifying to something that incriminates YOU. This privilege does not extend to not incriminating your spouse. At the same time, there are sometimes privileges as between husband and wife that would protect you from testifying against him.... That does not appear to be the case in this situation, based upon the limited information you have given, but I would suggest speaking with an attorney who is familiar with your particular jurisdiction to explore your various options.