Legal Question in Family Law in Illinois

Re: Pleading the 5th

There are a few ways that you can avoid testifying. There are is a spousal privilege, which basically says that anything your husband told you is said in confidence (similar to attorney/client privilege).

There is also the 5th amendment, which would allow you avoid saying anything that might be used in a criminal action against you. What that means is that the State could not take you to Court and say "we're bringing charges against her because she doesn't want to testify, so obviously that means she's got something to hide." Pleading the 5th does not prevent the State from deciding to investigate you.

If you are concerned that you may also be liable for criminal charges, you should get an attorney. Your husband's attorney may be willing to give you some basic information, but you should always remember that that is your husband's attorney and his allegiance is to your husband. If you may have charges brought against you, then you should look into getting an attorney who is focused on protecting you.

Feel free to give us a call if you want to talk more about the details.

Re: Pleading the 5th

I am assuming that you had your husband arrested for domestic violence. You are the complaining witness in that case. If you choose not to testify against your husband, the State usually honors those wishes. The State could still prosecute your husband if they feel that they do not need your testimony to get a conviction. As for pleading the 5th, you only need to do that if you feel you will be prosecuted for a crime. If you are unsure about what to do, make an appointment with a lawyer and seek his advice.