Legal Question in Criminal Law in Texas

Wife subpoenaed to testify against husband

Domestic violence case of assault. Husband and wife have gone to counseling and are reconciled. Now, the state has picked up the case and the wife doesn't want to testify. What happens if she doesn't show up to court? Can they make her testify if she told the DA she no longer wants to pursue the charges against her husband. Can this be stopped? The husband has his own lawyer. Does she need her own lawyer as well to defend her?


Asked on 5/12/09, 11:37 am

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Wife subpoenaed to testify against husband

If Wife is truly committed to this avenue, then it would be best to contact husband's lawyer, and request that he/she prepare and submit an affidavit of nonprosecution. If wife is subpoenaed, then she needs to appear, or face consequences. If the husband's lawyer cannot effectively resolve this without trial, then it is worth the wife's money to at least consult with a separate attorney.

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Answered on 5/13/09, 7:37 am
Edgardo Baez The Baez Law Firm, P.C.

Re: Wife subpoenaed to testify against husband

She should contact an attorney

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Answered on 5/13/09, 1:45 pm


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