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domesic violence

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M

Martie

Guest
My estranged husband violated his restraining order by breaking into our home. He was caught with a handgun after the searched him. His vehicle was also searched. I was asked to sign a declaration giving permission to search our home which I did. However, in the past they refused to do so. Anyhow they are now charging him with several felonies, which violation of the restraining order isn't one. I was later questioned by the DA's office and conversation recorded. I just received a supobena from them were they want me to testify against my husband. I do not want to because I think it's a bad deal. Is it legal for me to take the 5th amendment, is there something I can do to not have to testify against my husband. I live in California.

Please any advice that you can give me I'd appreciate because my court appearance is soon to come.

Martie:(
 


calatty

Senior Member
Under California Evidence Code section 970, you have the privilege not to be called as a witness and not to testify against your husband. You have to still be married.
 

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