Noblesville, IN asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Indiana

Q: Does a witness have to take the stand in court if she is married to the defendant ?

As well as the witness feels like she can't go through with it , and is also the victim of the case ?

1 Lawyer Answer
Andrew L. Bennett
Andrew L. Bennett
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a criminal defense attorney of her own to determine what her options are with the situation.

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