Not testifying against my spouse

[jsapp1978]

What is the name of your state (only U.S. law)? Oregon

Earlier this month me and my husband got into an argument. This resulted in an assault. I was taken to the hospital and he was arrested. The next morning I was issued a DUI, because I drove 1 block to get help.
I am being subpoenaed to testify in court against my husband and I would really prefer not to do this. I am not letting him come back to our house and already have a restraining order until he gets help. My questions are: can I plead the fifth or something and not further incriminate my husband and if so in doing this will I hurt my chance of fighting my DUI by a defense of necessity?

 

[CdwJava]

No, you cannot "plead the fifth." If you do not show up in court, a warrant may issue for your arrest. If you try to avoid the question on the stand, the judge will likely direct you to answer the questions put to you. if you refuse to answer questions, you could be jailed for contempt.

Are you really willing to risk jail to protect him?

Besides, it is likely they have enough evidence - like the doctor's reports - to make the case. Is it really worth risking jail?

 

[stealth2]

Apart from anything else, this is why so many people fail to take domestic violence seriously.

 

[Banned_Princess]

Apart from anything else, this is why so many people fail to take domestic violence seriously.

its all fun and games until someone looses an eye! lol, or their life. not so funny then.

 

[futuredust]

What is the name of your state (only U.S. law)? Oregon

Earlier this month me and my husband got into an argument. This resulted in an assault. I was taken to the hospital and he was arrested. The next morning I was issued a DUI, because I drove 1 block to get help.
I am being subpoenaed to testify in court against my husband and I would really prefer not to do this. I am not letting him come back to our house and already have a restraining order until he gets help. My questions are: can I plead the fifth or something and not further incriminate my husband and if so in doing this will I hurt my chance of fighting my DUI by a defense of necessity?

A defense to your DUI?.. Seriously?

So had you maimed, or worse, killed someone on your little drunken drive, you could have lived with it because you HAD to drive ONE block to get help while being under the influence?

Just sickening, honestly.

 

[Gracie3787]

A defense to your DUI?.. Seriously?

So had you maimed, or worse, killed someone on your little drunken drive, you could have lived with it because you HAD to drive ONE block to get help while being under the influence?

Just sickening, honestly.

As a person who has lost a loved one to a drunk driver, I wholeheartedly agree.

 

[stealth2]

What is the name of your state (only U.S. law)? Oregon

Earlier this month me and my husband got into an argument. This resulted in an assault. I was taken to the hospital and he was arrested. The next morning I was issued a DUI, because I drove 1 block to get help.
I am being subpoenaed to testify in court against my husband and I would really prefer not to do this. I am not letting him come back to our house and already have a restraining order until he gets help. My questions are: can I plead the fifth or something and not further incriminate my husband and if so in doing this will I hurt my chance of fighting my DUI by a defense of necessity?

Frankly, both your husband AND you need to get help.

 

[not2cleverRed]

Apart from anything else, this is why so many people fail to take domestic violence seriously.

Well, actually, there's some that don't, unless or until someone loses an eye.

A CPS caseworker described my marital situation as "domestic violence, such as it is" - guess that means "domestic violence lite"?

But yeah, OP needs to get her head out wherever it's buried and screwed back on straight. Deal with the DUI, admit she screwed up. If the dude is out of the house, what is the point in not helping the DA's case? I mean, it's not like she's being asked to do blow by blow (pardon the pun) Facebook updates for all sundry acquaintances.