Legal Question in Civil Litigation in Texas

I was sent a subpeona to testify against my spouse in an abuse case. What are spousal privilages??? and is there any way I can get myself removed


Asked on 12/28/10, 8:13 am

1 Answer from Attorneys

Gary Thomas Gary Thomas Law Office, P.C.

I do not know the spousal privileges off the top of my head. You cannot get "removed" from a subpoena. If you are the "victim" in the case, you should make your feelings about your testifying known to the prosecutors by calling them and telling them. If you do not want the case to proceed and you are the "victim" you can talk to the defendant's attorney and let him/her know your feelings and they can prepare an affidavit for you to sign that they should be willing to prepare for you. This affidavit can say that you do not want to testify and can set forth the facts as you best remember them that show the defendant did nothing wrong, if that is the case. Prosecutors get bombarded all the time with people who call the cops during an argument, then change their mind when a case is filed. It's a tough situation for everybody.

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Answered on 1/03/11, 10:43 am


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