Legal Question in Criminal Law in California
domestic violence
Is it true that if D.V. is involved, you must testify against your spouse, however, the first time you can refuse to testify without being taken to jail?
2 Answers from Attorneys
Re: domestic violence
The D.A. will tell you it is true, but the reality is that if you do not provide favorable testimony, then the D.A. may not have a winnable case, and may drop the charges. You also may be able to claim the 5th Amendment.
Re: domestic violence
It's your choice, it's your marriage and your family at stake. My personal view is that the practice of coercing unwilling spouses to testify against one another in DV cases only serves to promote the agenda of the DA's office. The DA does not care whether your family stays intact or whether there is food on the table.
While if you are under subpoena you would have a legal duty to testify, I have never heard of a spouse who refused to testify being taken to jail, although they will try very hard to scare you. If you want your husband to go to jail, by all means testify against him.
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