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ronlynnpat · Aug 4, 2010, 11:50 AM

I have a court summons against my husband and have gotten a court summons to testify against him. How can I get out of this?

NativeRomeo · Aug 4, 2010, 12:00 PM

To late now, unless you want to talk to him and make a false case where no parties get into anything just don't bring up anything illegal make It sound like a affair or something stupid like on jerry springer.

JudyKayTee · Aug 4, 2010, 12:02 PM

Do you mean you were served with a subpoena to testify against him? Who is pressing charges?

You cannot be forced to testify against your husband (at least in NY) UNLESS you are the one who filed charges. If you do not appear you can be arrested.

ronlynnpat · Aug 5, 2010, 05:39 AM

My husband lost his daughter 4 years ago to a horrible car accident. The driver was not convicted even after a week of testimony. A year later his mother had a stroke and he didn't find her for two days later. She is now living in a nursing home. The other week he finally just flipped and drowned our 1 year old cocker spaniel in the bathtub. My son called the police and he was arrested. I am being subeonaed to testify against him. What he did was terribly wrong and I don't accept that. Since then we have been apart. I don't believe in that sort of thing at all!! But on the other hand I don't want to have to testify against him. He is now in counseling, but to late. He should have went years ago. Can I get out of this?

excon · Aug 5, 2010, 05:50 AM

Hello r:

Please keep ALL your posts on the same subject on the SAME thread. It's easier that way.

Sure you can get out of it. Just REFUSE to testify against your husband. If you feel you are unable to tell the court that, bring a lawyer. He will.

excon

JudyKayTee · Aug 5, 2010, 06:00 AM

As I said in response to your first thread - you cannot be forced to testify against your husband unless you are the one bringing charges (and often not even then).

It would appear your son is a witness and he CAN be forced to testify.

As Excon said - don't just fail to appear. You appear and refuse to testify and I would take an Attorney with me.

AK lawyer · Aug 5, 2010, 06:30 AM

Your husband drowned a dog in the bath tub? What crime is he being charged with?

Does he have an attorney? Speak with your husband's attorney before you go to court and make sure the attorney is going to object to your tesifying on the gounds of spousal immunity.

JudyKayTee · Aug 5, 2010, 06:50 AM

Probably cruelty to animals - it can be felony in NY. Don't know where OP is, of course.

ronlynnpat · Aug 5, 2010, 07:39 AM

He is being charged with a felony cruelty to animals and misdemeanor neglect.

shazamataz · Aug 6, 2010, 06:11 AM

Ahhh, I know I don't really belong in the legal section, and this is only my opinion, but if my OH drowned one of my dogs I'd be in there testifying against him. There's a difference between being depressed and upset and 'flipping out' as you put it and killing something... what if it were you or your son he decided to 'flip out' on?

JudyKayTee · Aug 7, 2010, 05:50 AM

Originally Posted by shazamataz

Ahhh, I know I don't really belong in the legal section, and this is only my opinion, but if my OH drowned one of my dogs I'd be in there testifying against him. There's a difference between being depressed and upset and 'flipping out' as you put it and killing something... what if it were you or your son he decided to 'flip out' on?

Maybe the dog was easier to catch.

Obviously the husband is sane enough to stand trial. I also don't understand the reluctance to be a witness. Ever read about serial killers - not that the husband will turn into one - but they start with animals, too.

Scary stuff and sometimes somebody has to simply stand up to a person who tortures and kills animals - and drowning the family dog is torture.

Next time it could be somebody's child and I don't want to be the one who took part in letting this guy run around loose.