Legal Question in Criminal Law in Maryland

Can I be forced to testify againse my spouse in a domestic case? And what will happen to the case if I do not appear for court?


Asked on 2/22/10, 11:46 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

A married person may invoke his or her spousal privilege not to testify against his or her spouse one time for a domestic violence case. In a subsequent domestic violence case, spousal privilege is no longer available. However, it is still available in non-domestic violence cases.

If you have been summoned to court, and you fail to appear, then the state may request a body attachment. The police or sheriff's deputies would try to find you, arrest you, and bring you to court. The judge may order that you be incarcerated, until the case has resolved. Whether and how hard the state looks for you is up to the state. Failure to obey a summons may also result in you being charged with contempt of court. That is a separate proceeding in which you may be convicted and punished.

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Answered on 2/27/10, 12:07 pm


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