Legal Question in Criminal Law in Illinois

testifing against husband

Do I have to testify against my husband? I recieved a subpoena . It is for domestic battery. This is the first time Ive been called to testify against him. I left the state I dont want to go back and if I do I dont want to testify.


Asked on 5/28/04, 9:54 am

1 Answer from Attorneys

David Shestokas Shestokas, & Associates

Re: testifing against husband

In many cases there is a "spousal privilege" that exempts a wife from testifying against her husband. However, that privilege does not exist when the spouse is alleged to have been a victim of a crime by her husband. Depending upon the nature of the case the state's efforts to have you return from out of state may not be aggressive. This is an intricate situation for both you and your husband. If you wish to discuss it further, I can be reached on my cell phone at 630 965 8280.

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Answered on 5/29/04, 9:45 am


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