Do I Have to Testify in a California Domestic Violence Matter? Answered by an Experienced San Diego Domestic Violence Lawyer

Being charged with domestic violence can be a very difficult and stressful time. You may be faced with a plethora of questions surrounding your rights, when you can get out of jail, when you can go home, if you have to testify and so many others. Every state’s domestic violence laws can be different so it is important to understand the legal system and what you may be facing in California. One of the main questions individuals have is whether or not they have to testify in a domestic violence matter. For example, a wife may call the police to claim she was hit or abused by her husband. When the police arrive to arrest the alleged suspect the victim says it didn’t happen, however the alleged suspect
may still go to jail. The supposed victim no longer wishes to testify against her husband, so what will happen with this case in court and what will happen to the suspect?
 
Retracted Domestic Violence Claim 
 If an alleged victim retracts their claim of domestic violence and denies that anything physical or violent occurred, the prosecutor can still move forward with the state’s case against the husband or suspect. This can occur by way of the prosecution issuing a subpoena and forcing the victim to take the stand. Additionally, if the wife’s original statements are assumed to be true she does not have the right to not to testify against her husband. Many scenarios could unfold if the person originally alleging domestic violence retracts their accusations and refuses to testify. The District Attorney may attempt to offer her previous statements and discuss how they are inconsistent. The judge may also hold
that person in contempt of court if they refuse to testify and a good explanation cannot be offered, although this is incredibly rare.  Knowledgeable domestic violence lawyers are aware of ways to protect individuals from having to testify and can secure their legal rights.

Although the process does not necessarily stop if criminal charges are made against someone, then retracted, there are helpful options available. The police and the prosecutors have the majority of control once they are involved at the outset, however a domestic violence lawyer will be able to analyze the matter and provide possible options given the circumstances. Despite someone’s wishes to move forward with the charges or not, the prosecution ultimately makes the decision and your hands may be tied. It is important to know at the outset the severity of making statements, pressing charges and securing proper legal representation to best handle a case that may proceed without your consent.

How a San Diego Domestic Violence Lawyer Can Answer Your Domestic Violence Charges Questions
Emotions and circumstances can fuel situations and we can make unfortunate decisions. If you have found yourself in a domestic violence matter you no longer wish to be apart of or do not wish to testify on behalf of, our firm can help. Attorney Ashby Sorensen has years of experience and vast knowledge of California’s domestic violence laws, which he will use to contribute to your case’s success. Call (858) 999-6921 now to schedule your free consultation to review your best options.