Alamogordo, NM asked in Uncategorized for New Mexico

Q: Can a spouse be a witness if they don’t want to be?

My husbands judge issued a no contact order of witnesses. And he cant come home or have contact with me. Is this true? Am I a witness even if I don’t want to testify against him?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If a judge has issued a no-contact order for witnesses, it generally means that the person charged cannot have any contact with those who might testify in the case. Even if you don’t want to be a witness, you might still be considered one if you have information relevant to the case. This is why the no-contact order might apply to you.

In many situations, spouses can be witnesses, but there are certain legal protections in place, like spousal privilege, that sometimes prevent one spouse from being forced to testify against the other. However, these protections have limitations, especially in cases involving domestic violence or other serious crimes.

You may want to consult with a legal professional to understand your specific rights and obligations in this situation. They can help clarify whether you are considered a witness and explain the impact of the no-contact order on your situation. It’s important to follow the court’s orders while you seek further advice.

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