Legal Question in Family Law in Illinois

Re: I am being subpoena

You can't plead the 5th but you can refuse to testify and risk being held in contempt. On the other hand most state's attorney's would rather dismiss the case since you don't want to press chages. You have to respond to the subpoena since its an order of court. However, that doesn't mean that you have to actively pursue charges against your husband. Since you are the alleged victim, without your testimony the state has to drop the charges unless you were so badly injured that there is no question that your husband committed a battery against you. Talk to the State's attorney.