What can I do to help my husband who is facing2 counts of a domestic violence?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption