Legal Question in Family Law in Texas

Re: testifying against spouse

It depends upon several factors.

Different counties have different policies regarding this type of situation.

If you have been subpoenaed, then you are obligated to appear and testify as to matters which do not incriminate you. If you do not, the judge can issue a capias. Admittedly there are some jurisdictions which do not proceed if a subpoenaed 'victim' does not appear, but instead dismisses the charges.

If you are not subpoenaed, you are not obligated to appear.

You can file an affidavit of non-prosecution -- which carries different weight in different counties.

If you want the proceedings to halt, discuss it with your husband's attorney. He will not advise you in your best interest, but in your husband's best interest. You may wish to consult with your own attorney.

Re: testifying against spouse

I'm sorry, I don't understand your question.

Please re-ask it.

If you have any attorney, talk to your attorney.