Can a wife testify against her husband in a family violance case
- Thread Starter cestand
- Start date
army judge
Super Moderator
Anyone that is called to testify in a trial can testify.
That said, if you get called to testify it'll be by the defense or the prosecution.
If not, you can ask the court if you can participate as an amicus curiae (friend of the court), or if you can be heard. That, however, is rare in a criminal trial.
If you're the VICTIM of domestic violence at the hand of your husband, or you're the mother of the victim, I suggest you discuss the efficacy of testifying on the behalf of an accused batterer (who happens to be your husband) with your husband's defense lawyer.
Truthfully, madam, what you're attempting to do has very little effect on the jury.
Why????
The jury knows you understand who butters (or helps to butter) your bread, as well as supply (or helps to supply) that bread.
what if she does not want to
army judge
Super Moderator
In that case, she could tell his lawyer or the prosecutor she doesn't want to testify.
However, if you're subpoenaed, you'd be very foolish to disregard the subpoena.
You appear, tell the truth, lest you'll be making very big legal trouble for yourself.
adjusterjack
Super Moderator
If she didn't assault her husband and somebody else did, why wouldn't she want to testify?
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