Assault & Battery Can a husband be forced to testify against his wife?

Discussion in 'Criminal Charges' started by Markk1961, Nov 3, 2012.

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  1. Markk1961

    Markk1961 New Member

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    My wife and I have been seperated for most of this year.After suffering a serious heart attack 10 days ago, I've had a female friend of mine, who has had a history with my wife, helping me in my recovery.My wife stopped over unexpectedly the other night, and charged at my friend in a rage.In the few seconds it took for me to corral her, she finally left as my friend called the police.My friend has several mental issues steming from a bad marriage, and has gone too far with her interpretation as to the events of that evening.In the meantime, my wife's version of events don't mesh with my recollection of how the event transpired.I believe I will be a thorn in both parties, if I'm subpoenaed to testify.My problem is that my friend, had she cared at all about the stress this event had on my recent heart attack, chose to just make a report, instead of pressing charges, I wouldn't be asking this question.I can be both a help and a detriment for my wife in this case, so I ask if under the rules of law, if I can be forced to testify against my wife in this matter.
     
  2. mightymoose

    mightymoose Well-Known Member

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    If you receive a subpoena you must show up, but nobody can force you to say anything.
     
  3. army judge

    army judge Super Moderator

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    No one can force you to tell that which you did not see.

    No one can force a person with health issues to recall things he has forgotten.

    In your case OP, the answers you provide are up to you.

    Yes, you can be compelled to appear.

    But, if you didn't see or hear anything, what's to tell?


    Sent from my iPad3 using Tapatalk HD
     
  4. disagreeable

    disagreeable New Member

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    Did you enjoy the cat fight?
     
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  5. Proserpina

    Proserpina Moderator

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    Spousal privilege generally does not extend to domestic violence cases...
     
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  6. army judge

    army judge Super Moderator

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    You are correct, P. But, his spouse is alleged to have sparred with his female "friend".


    Sent from my iPad3 using Tapatalk HD
     
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  7. Proserpina

    Proserpina Moderator

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    Yes, you're right!

    :)
     
  8. guestpost

    guestpost New Member

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    In response to army judge, my friend listed things in her statement, that I know to b false, as well as my wife's version.I know it didn't reach the level of assault, but, her(my friend) version says she was pushed to the floor, and not the bed.My floors r wood, and I would have heard that crash, if that was the case.And, my wife, as she forced her way in, said, "I know she's here"!She still denies that she knew my friend was here, although, with that statement she made to me as she pushed me aside, shows that she is lying.My friend and I have been involved since before my seperation, and this matter puts me big time in the middle.My thought process would b to invoke my spousal privilege, and not testify against her.But, in doing this, can I b made to testify about other things, which wouldn't b fair either!!The case is on the 30th, next week, and I'm still very torn as to which course of action to take.
     
  9. Markk1961

    Markk1961 New Member

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    In response to army judge, there were things I didn't hear, that my friend made in her statement, and the same with my wife's statement.My wife, in her push of me when she forced her way in stated, "I know she's here"!She still denies that she knew she was here.And my friend, we have been involved during my seperation, and we r going to b a couple(hopefully), when my divorce is final, stated that my wife pushed her to the floor, and not the bed, which she told myself and her friend, who was present at the time as well.My floors r wood, and had she been pushed to the floor, I would've easily heard that.My thought process is to invoke my spousal privilege, to not have to testify against her, but, to not have to testify, period!I am in the perverbial middle of this battle, and want to do the right thing, but, what is the right thing, at this point?
     
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