Legal Question in Family Law in Maryland

Domestic Assault

My husband and I have already envoked our marital priveledge once before, now he is faced with another assault charge from me but I really don't want to testify. Is there a way around the one time only marital priveledge? Is there an amendment or something I can claim to get around testifying?


Asked on 5/05/04, 10:33 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Domestic Assault

The State may decide not to bring the charges where the evidence is not pursuasive. Generally the State has an obligation to pursue the charge.

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Answered on 5/08/04, 12:43 pm
Robert Sher Wagshal and Sher

Re: Domestic Assault

At this point it's up to the state's attorney's office. The reason the statute is written that way is to give everyone a second chance, but that's the only one you get.

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Answered on 5/05/04, 11:27 am


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