Legal Question in Criminal Law in Wisconsin

Re: Do i have to testify against my husband

You can be forced to testify -- you are a "mere" witness and the state is bringing the action. You will have to ask the judge to lift the no contact. His attorney can make the motion but judges are wary about doing this since it often backfires and then they are blamed.

Re: Do i have to testify against my husband

there is such a thing as a spousal privilege where one spouse cannot be required to testify against another. However, this privilege does not apply when the crime was committed by one spouse against another. As a result, the prosecuter can subpoena you to testify.

Obvoulsly, the prosecuter has a very weak case if you are the only witness. As a result, if your spouse has an attorney, you may wish to drop that attorney a noter regarding the events that occureed leading up to the assualt. If those facts, which you may be required to testify to, sopund like there was no assualt or a mutual assault, the prosecuter would likely cut a deal.

You or your spouse through his lawyer may request a removal of the "no contact" order. You should be present in court for that hearing.

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