If my wife and we just subpoenaed by the state to testify in a domestic violence case against our daughter, do we have to testify?

What options do we have?

Asked on March 21, 2013 under Criminal Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is a "spousal priviledge" that is some cases gives one spouse the right not to testify against the other spouse. However, there is no parental priviledge regarding testimony. The fact is that unless testifying could in some way incriminate you in the crime, you cannot even "claim the 5th" and refuse to give testimony. Bottom line, if you are subpeoaed, you must appear in court and take the stand. At this point, you should consul wtith an attorney as to this matter.

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