What do I do if I do not want to testify against my boyfriend in criminal court?

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What do I do if I do not want to testify against my boyfriend in criminal court?

My ex boyfriend is going to Trial for
criminal threats against me And I do
not wanna testify as I fear for my future
safety do I have any options?

Asked on May 20, 2018 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot refuse to testify due to fear for your safety: the law only allows 1) a spouse to not testify about or against her spouse so long as they are still married (but you are not married, so this would not apply), or 2) a person to not testify if their testimony would implicate them in a crime or lead to them being charged or convicted. All you can do is talk to the police and prosecutor's office about trying to arrange protection.


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