In a domestic violnece case, if I’m called as a witness must I testify?

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In a domestic violnece case, if I’m called as a witness must I testify?

Can I plead the 5th?

Asked on January 14, 2018 under Criminal Law, Alaska

Answers:

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

Answered 3 years ago | Contributor

If you are subpoenaed, then you must go to court since a subpoena is a direct court order to appear. If you ignore it, you can he held in contempt and a warrant for failure to appear can be issued for your arrest. Further, you can face a fine and/or jail time. As for invoking the 5th amendment (i.e. the right against self-incrimination), some domestic violence victims try to do this, however this right only applies if their testimony would cause them to incriminate themselves in some way. 


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