marital privilege

[KathyStraycatWI]

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

I'm in Wisconsin and need to know if the DA can force me to testify against my husband in what is being charged as a domestic violence case where a TV tray and stool were broke.

I feel as though I am being forced to do this. I have requested the DA drop the matter and it falls to deaf ears.

Can I be forced to testify? What will happen if I dont. I have been subpeoniad already. What if I get on the stand and refuse to answer questions? Can I do this?

Kathy

 

[Just Blue]

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

I'm in Wisconsin and need to know if the DA can force me to testify against my husband in what is being charged as a domestic violence case where a TV tray and stool were broke.

I feel as though I am being forced to do this. I have requested the DA drop the matter and it falls to deaf ears.

Can I be forced to testify? What will happen if I dont. I have been subpeoniad already. What if I get on the stand and refuse to answer questions? Can I do this?

Kathy

Marital Privilege doesn't apply in DV cases. If you do not answer the question posed to you the Judge may hold you in contempt of court.

Why did you call the police if you don't want your hubby to be charged with the crime he committed? Is this his first arrest/conviction for a violent crime against you or others?

 

[JETX]

Can I be forced to testify?

What will happen if I dont. I have been subpeoniad already.[/QUOTE]
Here is the Wisconsin Code:
905.05 Husband−wife and domestic partner privilege.
(1) GENERAL RULE OF PRIVILEGE.
A person has a privilege to prevent the person’s spouse or former spouse or domestic partner or former domestic partner from testifying against the person as to any private communication by one to the other made during their marriage or domestic partnership. As used in this section, “domestic partner” means a domestic partner under ch. 770.

(2) WHO MAY CLAIM THE PRIVILEGE.
The privilege may be claimed by the person or by the spouse or domestic partner on the person’s behalf. The authority of the spouse or domestic partner to do so is presumed in the absence of evidence to the contrary.

(3) EXCEPTIONS.
There is no privilege under this rule:
(a) If both spouses or former spouses or domestic partners or former domestic partners are parties to the action.
(b) In proceedings in which one spouse or former spouse or domestic partner or former domestic partner is charged with a crime against the person or property of the other or of a child of either, or with a crime against the person or property of a 3rd person committed in the course of committing a crime against the other.
(c) In proceedings in which a spouse or former spouse or domestic partner or former domestic partner is charged with a crime of pandering or prostitution.
(d) If one spouse or former spouse or domestic partner or former domestic partner has acted as the agent of the other and the private communication relates to matters within the scope of the agency.

What if I get on the stand and refuse to answer questions? Can I do this?

Can you?? Yes.
What would happen?? Of course we can't tell you what WILL happen, but you COULD be charged with contempt of court and forced, under threat of arrest, to testify.

Finally, one thing you are not considering... your refusal to testify will likely have little if any impact on his case. The officers will testify as to what they were told and what they witnessed at the scene. More than likely that is sufficient to get a conviction. Your testimony only 'sets' the scene... the officers describes the injuries and damages.

 

[KathyStraycatWI]

I did not call. Our daughter called 911

 

[KathyStraycatWI]

Marital Privilege doesn't apply in DV cases. If you do not answer the question posed to you the Judge may hold you in contempt of court.

Why did you call the police if you don't want your hubby to be charged with the crime he committed? Is this his first arrest/conviction for a violent crime against you or others?

I did not call, our daughter did. Yes this is the first arrest for DV. I did do a 72 hour restraining order on him because he needed to leave. I had just learned he has been carrying on an affair with my cousin and when confronted he got mad and the whole situation got heated. That is why she called 911.
Since then we have been in marriage counseling and he is in anger managment control classes.

 

[Zigner]

I did not call. Our daughter called 911

It doesn't matter.


But, good for your daughter!

 

[Just Blue]

I did not call. Our daughter called 911

How old is your daughter?

Kathy...Please answer this question...It's important.

Thanks.

 

[KathyStraycatWI]

She is 18 yrs old. Still living at home because of school

 

[Just Blue]

She is 18 yrs old. Still living at home because of school

Thank you. You and hubby are very lucky that she isn't a minor. There would be a whole bunch of other charges on his plate.

 

[Banned_Princess]

I did not call, our daughter did. Yes this is the first arrest for DV. I did do a 72 hour restraining order on him because he needed to leave. I had just learned he has been carrying on an affair with my cousin and when confronted he got mad and the whole situation got heated. That is why she called 911.
Since then we have been in marriage counseling and he is in anger managment control classes.

OHHH I would not be taking him back, and he would be going to jail.

Cause marriage counseling sure will change that he was sleeping with your cousin. Having a relationship with her according to your post ::disgusted::

nope, that would have definately been that.

Good luck with that.

 

[Banned_Princess]

OHHH I would not be taking him back, and he would be going to jail.

Cause marriage counseling sure will change that he was sleeping with your cousin. Having a relationship with her according to your post ::disgusted::

nope, that would have definately been that.

Good luck with that.

Personal decision though, I bet you aren't speaking to your cousin and would let her go to jail if she "got heated" after confronting her.

Nice to see your daughter sees you have priorities.

 

[KathyStraycatWI]

Thank you. You and hubby are very lucky that she isn't a minor. There would be a whole bunch of other charges on his plate.

Really??...... I know it was hard for her to do, and I also know it was the right thing for her to do. She is my "baby". There are no more minor children.

 

[KathyStraycatWI]

OHHH I would not be taking him back, and he would be going to jail.

Cause marriage counseling sure will change that he was sleeping with your cousin. Having a relationship with her according to your post ::disgusted::

nope, that would have definately been that.

Good luck with that.

I have been married to him for 38 years. I have talked with a divorce lawyer. I dont know what will happen there. I have not had him served, no. I agreed to marriage counseling and he is in anger management now. Of those 38 years he was pretty much the sole financial supporter of the family. I had 3 short terms jobs our whole marriage.

Yes, disgusting and I have a hard time mentally with all of it. This is something usually seen on TV... never thought I'd live it in real life.