An accusation of domestic violence has been made against you, but now your spouse wants to retract their statement. It’s too late. The statement has been made and now the prosecution in the case will be attempting to build a case against you to show whether or not a crime has actually taken place. You may wonder: Can my spouse be forced to testify against me in a domestic violence case?
Privilege in These Cases
“Privilege” means that you can sometimes refuse to give testimony in a legal proceeding. Privileges are sometimes granted by state and federal law to protect certain relationship, such as those who are married to one another. They do this as a way for spouses to not have to testify if it could destroy their relationship with one another. However, even though this privilege exists, the law states that it does not exist in cases where a spouse is charged with a crime against the other spouse – such as in cases of domestic violence. The same can be said in cases where the spouse’s child is put in the middle and giving testimony would be life-saving or helpful to the child.
This is the way that courts view these cases: In a domestic violence trial, the spouse may say that she refuses to testify because they have forgiven their husband. However, the court does not see it that way – they may see it as the spouse being afraid of her husband and the consequences that could result if she gives her testimony. If one spouse testifies against another, the court believes that there is little marital harmony left to preserve, which may be true in cases where there could very well be domestic violence.
So, in conclusion, if you are involved in a domestic violence case you could very well see your spouse being forced to testify against you. If you have been falsely accused of a crime that never occurred, you should have help on your side every step of the way. At the Law Office of Peter Blair, we have experience with these cases and want to see you get the best results. Call us today for more information.