If I have been subpoenaed, can I be arrested for not testifying?

My husband beat me up a few weeks ago, but I don't want him to get a jail sentence, so I'm afraid to testify. I've been subpoenaed, but what happens if I don't show up? Isn't there something in the law that says people can't testify against their spouses?

5 Answers

  • Anonymous
    1 decade ago
    Favorite Answer

    If you don't show up there will be a warrant out for your arrest! And if you don't testify you're ridiculous! You don't want him to go to jail? well if he doesn't go to jail would you like him to just beat you again and you can keep crying wolf and never wanting to testify then he can beat you so bad one day and you'll end up in the hospital or dead? Hmmmm... think about it! Girl why take the abuse?! RIDICULOUS!

  • 1 decade ago

    If you have been subpoenaed it is best to make sure that you appear. How you testify is another issue.

    There does appear to be insufficient information associated with the overall incident so the following would be a best guess of the earlier details surrounding your husbands arrest.

    It appears that the police were called to your home due to a domestic disturbance incident.

    That being the case if there were injuries associated with the incident that would cause the officers to believe that you are the victim of domestic violence and he was the one who caused your injuries he would be placed under arrest.

    The law has changed over the years as at one time the victim of a domestic violence incident would want charges brought against their spouse and after the arrest was made and she had a night to think about the situation and him being the bread winner of the family she would be left with a lack of income should her husband remain under arrest. The victim the next morning would call in and state that she did not want to press charges and her husband would be released only to result in the process being repeated again and again until in many cases the end result was death or severe unrecoverable injury.

    The law was changed such that once the arrest was made the victim was now the state vs the perpetrator and the spouse could no longer have him released.

    It is best that you comply with the court order, that being the Subpoenae. Go and testify however you wish. Remember the officers already have their report of the incident and most likely any supporting evidence of the injuries.

    There is no need to further compound your problem by not going to court as directed. That could result in a charge against you for failure to appear, failure to obey a court order or contimpt of court.

    Source(s): Involvement in many domestic violence cases during my career as a law enforcement officer and testimony in court as defense as well as prosicution in such incidents.
  • Anonymous
    1 decade ago

    Another woman that doesn't want to see her husband punished. Wow, do they ever learn?

    Yes, they can fine you or even throw you in jail for not showing up to testify. You aren't the first woman to go through this and you wont be the last. I promise you, he will whoop your @ss again and again. He will never change. Go to court and testify. Then get away and stay away from him.

  • 1 decade ago

    Possum is right on, you should testify so maybe he'll learn his lesson and start treating women like women instead of punching bags.

    Addressing your last question, that law only applies when one has confessed committing a crime to their spouse.

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  • Anonymous
    1 decade ago

    A warrent will be issued and you will go to jail. But at least if your going to be stupid, at least you will be safe...

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