Wife Pled the Fifth in Domestic Violence Proceedings

My question involves child abuse or neglect in the State of: MASSACHUSETTS

Ok, So some of you might know the issue im speaking of because I posted the information on the case in an earlier thread Here: http://www.expertlaw.com/forums/show...517&highlight=

So anyways,
My wife pled the 5th in court when she was asked to tell the story of what happened, because she DID, in fact, lie on the original police report and did not want to incriminate herself. This was in DCF court though. She wants to use her marrital privledges in criminal court.

I had to speak with a juvenile court investigator after the initial hearing because we still have a trial date coming up next year.

Upon speaking with the investigator (basically someone who interviews EVERYONE and submits into evidence their stories to the court), per my lawyers advice, I did not go over any details of the case, but I said that "I strongly deny alligations of abuse towards my wife or my son".

A few weeks goes by, and I have court tomorrow...
Now it comes to light today that the Investigator said I straight up TOLD her my wife lied.

My wife's lawyer gives her the heads up and says that if she doesnt testify against me that they are going to string her up for perjury. Or if not perjury, then filing a false police report.

Here is my question...
SHE PLED THE 5TH!!! thats refusing to incriminate yourself..... right? she never SAID she lied on the police report. Can they bring up charges on her for pleading the 5th???

You'll probably find that marital privilege does not cover DV and/or abuse cases.

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Quoting Dogmatique

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You'll probably find that marital privilege does not cover DV and/or abuse cases.

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Hmm...not sure how this one will shake out:

Section 504. Spousal Privilege and Disqualification; Parent-*Child Disqualification

(a) Spousal Privilege.
(1) General Rule. A spouse shall not be compelled to testify in the trial of an indictment, complaint, or other criminal proceeding brought against the other spouse.
(2) Who May Claim the Privilege. Only the witness-spouse may claim the privilege.
(3) Exceptions. This privilege shall not apply in civil proceedings, or in any prosecution for nonsupport, desertion, neglect of parental duty, or child abuse, including incest.


So she can be compelled to testify with regards to any charges relating to abuse of the child. The way I read it, though, she cannot be compelled to testify with regards to any charges relating to abuse of her. She can choose to testify according to 504(b) but can't be compelled.

Or I could just be reading the whole bloody thing wrong.

Dogmatique... I believe you are very wrong but thank you for your input.
free9man...... Ok... so she can be forced to testify against me even if she lied on the report?

If she admits to lying... what are the chances she is really going to face charges?

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This case is becoming a HUGE deal now, and Im finding myself in 2 different court systems even more than I am at work or home.

I go to juvenile court tomorrow, but the criminal court is still on-going.

This is bull**** to be honest. This system is made to trap people and hard working people like me and my wife should not be going through this just because my wife made one mistake.

She lies because she had a weak moment in character.. not harming anyone.. only "taking up time in court"...

so its either her, or myself who goes to jail and loses our son????

This country is fu***d!

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... and Ive actually been in court over my own issue now.. and seen women in the court room invoke their marrital privledges in DV cases and it get dropped.

The purpose of the protective proceeding at issue is what? To determine if you should be allowed around the child?

Your wife wasn't the one who "made a mistake" here - you were the one taking about getting your guns. You were apparently also drunk as a skunk, and incompetent to parent a crying infant.

Lots of parents take the fifth in protective proceedings - they typically occur before criminal proceedings for the cases that caused the courts to take jurisdiction, so parents must often choose between making potentially self-incriminating statements at the protective proceeding or pleading the fifth and being better able to defend themselves against criminal charges. It doesn't make the case go away.

Do you intend to testify?

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Quoting Frank1272

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free9man...... Ok... so she can be forced to testify against me even if she lied on the report?

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If the case is related to some form of child abuse, yes. She is, of course, free to tell the truth on the stand. However the judicial system is used to DV victims recanting.

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Quoting Frank1272

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... and Ive actually been in court over my own issue now.. and seen women in the court room invoke their marrital privledges in DV cases and it get dropped.

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They cannot be compelled to testify when they are the victim.

Just to be clear, they didn't "get it dropped". It's not up to victims, but to the DA. If theirs was the key testimony in the state's case, and the state either had no other witnesses, or conflicting witnesses, or other evidentary problem, then the STATE made the decision to not move forward based on lack of evidence or problematic evidence. Similarly, the state can just as often successfully prosecute a case and never call the victim to the stand, or prosecute despite intense objection of the victim, if there is enough other useful evidence/testimony. What most people fail to understand is that the state isn't prosecuting on behalf of the specific victim in a specific case, but prosecutes on behalf of all members of society - even if the immediate victim doesn't WANT prosecution (a victim doesn't have the power to say that's it's ok for a crime to be committed against them).

And, if there is a child involved, the state will usually lean on the adult victim to testify about events directly involving the child - if the prosecutor has a little experience and shrewdness - understanding that a parent, even one who is a victim themselves, has a duty to protect their children, and if mom is willing to protect someone whom she's already told authorities presents a danger to the child, the state can solve at least that part of the issue on mom's silence by removing the child that mom shows that she is clearly not willing to protect. Mom is sorely mistaken if she's under the impression that there aren't consequences for her silence, just as there may be consequences for her participation.

Either mom reported violence and is refusing to participate in the investigation and prosecution, potentially resulting in the child being taken from BOTH parents (Google "failure to protect").

Or, mom lied about the violence, and willfully and knowingly filed a false police report. If she's willing to go to jail for you, this is the story she should stick with (and which could STILL result in CPS removing the child).

Your wife can be forced to sit on witiness stand but she cannot be forced to say anything

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Quoting Frank1272

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This case is becoming a HUGE deal now, and Im finding myself in 2 different court systems even more than I am at work or home.
I go to juvenile court tomorrow, but the criminal court is still on-going.
This is bull**** to be honest. This system is made to trap people and hard working people like me and my wife should not be going through this just because my wife made one mistake.

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Your WIFE made one mistake? You admit in a heated argument your actions made your wife fearful for your child’s safety. In anger, you ORDERED your wife to pack up and leave the house because she was not on the lease. Then, your actions made your wife believe (whether you stated it or not and based on your own account ) that you were going to show her your weapons which she believed could be used against her in a lethal manner and she fled the house (twice!). AND SHE MADE A MISTAKE????

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Quoting Frank1272

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She lies because she had a weak moment in character.. not harming anyone.. only "taking up time in court"...
so its either her, or myself who goes to jail and loses our son????

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You are writing the story for us here but failing to connect the dots on what brought this situation to a head. Nothing in your own account illustrates that your wife’s character was weak and by pointing the blame at her you are missing the opportunity to fix what is broken. This situation isn’t going to get better without intervention for your behaviors. If you are lucky, you might get ordered to a batterer intervention program rather than jail, and if you are lucky you might open yourself to the idea that you need this help because it will help you possibly keep the family you may very well care about together as a unit. If you can’t face up to your own demons, this situation isn’t going to end well for anyone. While you might find a way to get off now, if your wife refuses to cooperate, it will likely create a situation that will escalate in the future with potentially more serious consequences for all involved.

I wish you good luck.

Haha wow.. Im glad i read that personal message before i came back on here and read some of your hanous replies. When i am at my computer and not my phone i will take the time to reply... But i really think some ofbu morons need to get off your high horses. And to the person who made that crazy allegation that i was "drunk as a skunk"... I havent drank since i was in college thank u very much. Wow what a rube. Haha.