Legal Question in Criminal Law in Virginia
My husband was arrested and charged with assault and battery against a family member in the commonwealth of va. I am the alleged victim. He was released after the arrest and we're now wondering what to expect at his first hearing and what kind of consequences there will be. He has never been arrested before.
Also, can I, as the victim, but also his wife be forced to testify?
1 Answer from Attorneys
The marital privilege that prevents one spouse from testifying against the other in court does not apply to domestic violence cases where the alleged victim is also the spouse of the alleged batterer.
Your husband should quickly engage the services of a competent criminal defense counsel to represent him in this matter(if he has not already done so). This lawyer will be the best one to address the other issues which you've raised in your question.
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