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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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.

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