What can I do to help my husband who is facing2 counts of a domestic violence?
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What can I do to help my husband who is facing2 counts of a domestic violence?
My husband was arrested last week Saturday and charged with 2 counts of DV against me. I am at a lost at what I can do to help him. We have been together for 5 years and he has never any had priors of DV. I will not testify against him but I know it is out of my hands whether to pursue with the charges or not. I am not sure if I should seek legal counsel to see what I can do to help him get these charges dropped. Will a heartfelt letter to the DA work?
Asked on July 30, 2011 Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are correct that whether or not charges are filed is not up to you. The DA's office will review the case and determine if it wants to go forward with it. The fact that you don't want to testify may or may not have any effect. DA's know that more often then not spouse's are reluctant to involve themselves in these type cases. In fact many times the abusing spouse tries to intimidate the abused spouse into not cooperating with the prosecution. It will all come down to just how strong the case against your husband is (witness statements, medical examination records, and any other relevant evidence).
As for your not testifying, you have no choice. If subpoenaed you must appear. And once on the stand you must testify (unless doing so would also incriminate you in the incident). Failure to appear and/or testify will put you in contempt of court. Accordingly you could face fines and even jail time.
Note: The spousal privilege, that is the right to not have to testify against a spouse, is excepted in cases of domestic violence.
At this point your efforts are best spent in finding an a skilled and experienced criminal law attorney for your husnabd.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are correct that whether or not charges are filed is not up to you. The DA's office will review the case and determine if it wants to go forward with it. The fact that you don't want to testify may or may not have any effect. DA's know that more often then not spouse's are reluctant to involve themselves in these type cases. In fact many times the abusing spouse tries to intimidate the abused spouse into not cooperating with the prosecution. It will all come down to just how strong the case against your husband is (witness statements, medical examination records, and any other relevant evidence).
As for your not testifying, you have no choice. If subpoenaed you must appear. And once on the stand you must testify (unless doing so would also incriminate you in the incident). Failure to appear and/or testify will put you in contempt of court. Accordingly you could face fines and even jail time.
Note: The spousal privilege, that is the right to not have to testify against a spouse, is excepted in cases of domestic violence.
At this point your efforts are best spent in finding an a skilled and experienced criminal law attorney for your husnabd.
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