against my husband in California. What Im wondering is a few things if someone can help me out. Does anyone know what would happen if I accidently didnt show up for the court case? It is 4 hours away from where I live. Also Im wondering if he gets some kind of help before the trial will that help his case? He is out on bail. They want to give him 10 yrs but they offered him 4 if he took the plea but hes going to trial so I guess the 4 year offer is now no good? Does anyone have any advice? Is there no law that forbids a wife to testify against there husband? Any advice would so greatly be appreciated...Thank you!!

Susan

If you dont show up they will send out a warrant for you arrest which will result in: 1) arrest 2) booking 3) holding cell and strip search 4) possible charge for opposing the courts.

The upside is that they will pay you once you give your statement at the office the travel and accomondation fee. So for 4 hours there and back you may get a couple of hundred or so.

Bottom line dont skip the case or you may also be wanted and in trouble.

Hope that helped :)

Not a lawyer; I'd try asking in the Legal Help forum.

Here's a link regarding spousal privilege:

http://en.wikipedia.org/wiki/Spousal_privilege

But I think it can get complicated, and I don't think it applies Domestic Violence.

I know in Texas they can't make you testify against your spouse... Not sure about California though..... About not showing up..... Not a good idea at all. Not unless you want to be a resident of the state, they will book you! If they offered him a plea it is up to the DA if it still stands... But if he takes the plea there is no appeals... he forfeit that right.. I would contact a lawyer and ask if they can force you to testify..

Best of luck to ya!

i Wasnt Subpoenaed,but I Didnt Show Up For Court,didnt Nothing Happen Also You Can Show Up And Plea The Fifth

Since you have posted in Domestic Violence, I have to assume that you got mauled by your husband. If you've been subpoenaed, then you really need to get there and testify - if you don't then you can be held in contempt of court.

Secondly, no, there's no treatment he could get that would change his possible sentence, and there's no treatment that would even make a dent in his attitude before he goes to prison.

Please don't think that you can plead the fifth. That is Constitutional law against SELF-incrimination. Unless you were involved in beating yourself up there is no such privilege.

My ultimate suggestion is that you go to a domestic abuse agency and get some counseling . . . they will also know all the proper law that would apply to you.

i was faced w/ the same thing...yes contempt of court is an issue..but ultimately you can go to court and tell the judge that you have no intentions on testify'n or filing charges against your husband (depending on how severe the DV was)..if its his first charge they may be more lienant...they have all the evidence they need from the pictures they took of the victim and the statement so apparently if the VICTIM doesnt testify they have no case if they did they wouldnt go through all the trouble to force you to come to court...?!?!?!?!?!?!?! get a lawyer and have them advise you as all situations are different...but never be afraid to stand up for what you believe in...i have been subpoena'd a few times but my husbands lawyer told me what to do...i have never admitted to anything besides when the officer came initially...after that my mouth has been zipped...research (google) how long you can be held in jail for a pety charge like 'contempt of court' and see if your hubby is worth it...im willing to accept whatever fate rather than sending him to prison for 15yrs(in my case)....just me though.

Ok I will say this first when it comes to dv there is no spouse privelidge meaning you will testify. Second you are not filing the charges the state is so you cannot drop the charges on him and three if he is facing 10 years and they plead down to 4 sorry to say it must be a very bad situation and if they find him guilty which most likely will he will serve the 10 yearss since he declined the 4 year deal by the prosecuter. Also you have to show up because if not they wil put out a warrant for your arrest and there is no since in both of you going to jail. and if that happens he will still be charged anyway and on top of it you would be charged. So best bet is to show up remember it is not you wo is filingthe charges but is the state so u cannot drop any charges.