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Husband arrested for DV Assault 3 w/weapon

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buggywater

Junior Member
What is the name of your state (only U.S. law)? Alaska
A few days ago my husband was apprehended, a family member called the police. I did not want them involved, but I went ahead and gave them a statement and they took pictures of my bruises and they also took the objects used to assault me with. I am not a battered woman to blame myself but I was in a jeaulus rage, I was always jeaulus and paronoid of him being on the computer. I am the aggressor, I even told the cops this but they did not care. I know they are going to supbeana me to go before the judge to see if we need to go before a grand jury, at least thats how the DA's office explained it to me. Do I have the right to take the 5th ammendment on the stand? He genuinely does not deserve this, people can see my bruised up legs yes but if only people can see his brain that I have destroyed by my severe accusations and jeaulusy all because of my insecurities.... no one would be able to live like that, I have severe guilt because everyone thinks I am defending him but no one knows what was TRULY happening. WHat will happen to me if I refuse to testify or plead the 5th ammendment on stand? I can not afford a lawyer or else I would hire one to help get him out of this mess since I am the true one who caused him to have Stockholm Syndrome, thank you so much for your help! I am such a mess
 


CdwJava

Senior Member
YOU did not force him to attack you. Even if you goaded him, it was HE that made the decision to attack you.

If called to testify you need to take the stand and tell the truth. No, you cannot hide behind the 5th Amendment because your statements would not incriminate you in a crime.

You need to speak to a domestic violence counselor for assistance. Good luck,and get out.
 

AHA

Senior Member
What is the name of your state (only U.S. law)? Alaska
A few days ago my husband was apprehended, a family member called the police. I did not want them involved, but I went ahead and gave them a statement and they took pictures of my bruises and they also took the objects used to assault me with. I am not a battered woman to blame myself but I was in a jeaulus rage, I was always jeaulus and paronoid of him being on the computer. I am the aggressor, I even told the cops this but they did not care. I know they are going to supbeana me to go before the judge to see if we need to go before a grand jury, at least thats how the DA's office explained it to me. Do I have the right to take the 5th ammendment on the stand? He genuinely does not deserve this, people can see my bruised up legs yes but if only people can see his brain that I have destroyed by my severe accusations and jeaulusy all because of my insecurities.... no one would be able to live like that, I have severe guilt because everyone thinks I am defending him but no one knows what was TRULY happening. WHat will happen to me if I refuse to testify or plead the 5th ammendment on stand? I can not afford a lawyer or else I would hire one to help get him out of this mess since I am the true one who caused him to have Stockholm Syndrome, thank you so much for your help! I am such a mess
Then seek professional help for your rage.
 

buggywater

Junior Member
5th ammendment?

YOU did not force him to attack you. Even if you goaded him, it was HE that made the decision to attack you.

If called to testify you need to take the stand and tell the truth. No, you cannot hide behind the 5th Amendment because your statements would not incriminate you in a crime.

You need to speak to a domestic violence counselor for assistance. Good luck,and get out.
So a person can only refuse to testify using the 5th ammendment when they are being incriminated for a crime?? I do not want to testify period.... if I were a true victim thats one thing then yes I would testify but I am just as fault as he is, and yes I am already getting treatment for my anger issues, it is the cycle of abuse that has carried over into my marriage, cycle of abuse on my part as well as his... we BOTH lost control and I just dont know what to do. Up until that night we lived a very good successful life together. We had goals and dreams, He was planning on med school and I am studying and working in medicine as well. we were both good outstanding citizens of our community, this has been a living night mare experience and it can happen to anyone. He was not abusive, he has never laid a hand on me ever... I can not believe he has put up with me as long as he has with what I have put him thru. No one knew my problem of jeaulusy or that we even had any issues.... I just can not believe I am going thru this experience when just 4 nights ago we were cooking dinner together and he was helping the kids with their homework....:(
 

CdwJava

Senior Member
So a person can only refuse to testify using the 5th ammendment when they are being incriminated for a crime??
Essentially, yes. The 5th protects you from self-incrimination. if the state subpoenas you, the judge can compel you to testify under force of jail.

Are you willing to go to jail for your abuser? He is apparently unwilling to go to jail to save you from your discomfort and more than willing to inflict even greater discomfort upon you. So, which if you is the better here?

I do not want to testify period.... if I were a true victim thats one thing then yes I would testify but I am just as fault as he is,
Really? You hit yourself? You hit him? if you hit him, maybe you both shoudl go to jail.

I hope there are no children in this mix.

this has been a living night mare experience and it can happen to anyone.
Then it is time to get help, and get out!

He was not abusive, he has never laid a hand on me ever...
But ... the bruises! What about the bruises?!

I can not believe he has put up with me as long as he has with what I have put him thru. No one knew my problem of jeaulusy or that we even had any issues.... I just can not believe I am going thru this experience when just 4 nights ago we were cooking dinner together and he was helping the kids with their homework....:(
You can be jealous, you can push his buttons, but HE made the decision to get physical. THAT is the problem!

As for the kids, well, you can probably expect child services to be all over this one. And if you refuse to testify or recant, you might even risk losing the children for failure to protect them. If you do not follow through and do what is lawfully expected of you, you may find that you have chosen him over your kids. If so, he might turn this around and you could find yourself edged out of the picture and losing both him and the kids as he makes you out to be a psycho.

Get help, and get out.
 

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