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    intransit74's Avatar
    intransit74 Posts: 1, Reputation: 1
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    #1

    May 20, 2008, 10:35 AM
    Must wife testify?
    If I was charged with a misdemeanor assault against my wife just before we were married and she does not want to pursue it, having immediately dropped the restraining order and informed the pros. She doesn't want to go forward, must she testify against me? She wasn't my wife at the time, but is now. Even when she was not, could she have been forced to? Thanks in advance.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    May 20, 2008, 11:47 AM
    Hello I:

    Yes, she could be forced to testify (and could have been forced to when she wasn't your wife). It depends on the prosecutor. If he wants to prosecute, he will.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 20, 2008, 12:21 PM
    Quote Originally Posted by excon
    Hello i:

    Yes, she could be forced to testify (and could have been forced to when she wasn't your wife). It depends on the prosecutor. If he wants to prosecute, he will.

    excon


    Absolutely - it's The People vs You and she's a witness. Up to the Prosecutor and they can make it tough on her if she refuses or doesn't show.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 20, 2008, 12:41 PM
    She can be ordered to testify, and they will question her as to her original police report and statement. And even if she refuses they can still go ahead with the charges based on what the officers say and heard.

    We used to do domestic violence cases without the other party wanting to testify all the time.
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