Legal Question in Criminal Law in Virginia

Out on Bail

My boyfriend was arrested for assault & battery and breaking & entering into my house in August. Since then we have discussed the situation and have come to terms with what happend that one night. I don't feel that he broke into my house that evening however the police and Commonwealth of Virginia are charging him with everything. He was released on bail under the terms that he is to have no contact with me. However I have contacted him several times and we began our relationship again. If I were to marry him would I have to testify against him in the court hearing? (Not that I really would) but we are trying to consider all options as I don't want him to get in trouble for having contact with me especially because it's what I want. What should I do?


Asked on 10/08/07, 10:53 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Out on Bail

The marital privilege against testifying at trial against your husband would very likely apply only to the communication regarding the incident which occurred between you and him after the marriage and not prior to it.

However, if you are now a reluctant witness (for whatever reason), you should make this known to the prosecutor(s) assigned to the case (if you haven't already done so), and they will make the decision about going forward with the matter.

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Answered on 10/12/07, 11:09 am


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