Q: My husband has a DANCO and I do not want to testify against him in court. Can I legally refuse to testify?
A: No. They will give you immunity and if you refuse to testify you will be held in contempt.
A: If you are properly served a subpoena to appear, and if you do then appear at the trial, then you will be legally ordered to testify or be held in contempt. But in most domestic criminal cases with only one prosecution witness, if that witness does not testify the charges may be dismissed. And there are things that the prosecutor's victim can do to fight back. Minnesota has a Victim's Rights Act law. It's a bit complicated, but call me or another good criminal lawyer who regularly represents victims and witnesses for a consult.
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