Can a Domestic Violence Victim be Jailed for Refusing to Testify

My question involves criminal law for the state of: CALIFORNIA

I am the victim in a domestic violence case that is carrying very serious charges for me boyfriend. I am being treated as hostile and have not cooperated with the prosecution. My understanding is that I must go to court if subpeanea (which I'm expecting), but that I can't not be put in jail for not testifying. If I say one word on the stand, I'm told that all heresay evidence against him can be used in court.

My question is, how do I communicate that I'm refusing to testify without saying anything and therefore getting the heresay admitted? How exactly do I exercise my right to not testify against him during the trial when I am called to the stand?

If you haven't cooperated with the investigation, you are hostile. Understand that this is not a you vs. him. Once he committed a crime, it is society that is the injured party and the state is prosecuting against him.

There is no "right not to testify." You are mistaken if you think you can not be jailed for not testifying. There are only specific cases when you are allowed to not testify without fear of legal repercussions. This is not one of them.

Anyhow, if there was a witness (who will testify) to your statements, the fact you refuse to testify is one of the times when hearsay testimony is admissible. Of course, any testimony about what you boyfriend says is also admissible (he's the one with the right not to testify).

My understanding that at least in CA, victims of sex crimes and domestic violence have the right to refuse to testify and can not be put in jail, only fined.

It's CA CCP 1219.. So my question is how do I communicate this is court?

You can certainly make it know to the prosecutor. There's nothing you can do that will prevent you from being called. If you are subpoena'd and you don't appear you may get an arrest warrant. If you do appear, you can just state you aren't going to answer. If the judge tries to lock you up for your contempt, you can assert 1219. Still, there is no "right" not to testify. You will be in contempt if you do not testify. You are right I was mistaken on the jail time. The judge however can sentence you to counselling or take other actions other than jailing you.

You can be given fines and/or community service but first, you are to be referred to domestic violence counseling.

Perhaps you will gain some insight as to why you wish to protect someone who has assaulted you.

Call the prosecuting attorney and tell them that you intend not to testify.

You need to think about this - is he worth it? Is he worth all this hassle after he assaulted you?

I understand what you are saying, and God help anyone in the position I am. I would not wish this on anyone. Not everyone is the same, and I'm not trying to protect him, I'm trying to protect myself from doing everyday of time he does in jail in my mind. I just want to move on and not have to deal with being part of someone's life that takes 20 years of their freedom away.

I still am unclear on how in court I say I'm not going to testify without getting on the stand and then "making it count" so the heresay can be admitted.

The prosecution is very aware I don't want to testify. I have not cooperated, nor was I the person that reported the incident.

And because I'm being treated as hostile, I lost all my access to counseling and any services for victims.

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Quoting Stellaj

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I understand what you are saying, and God help anyone in the position I am. I would not wish this on anyone. Not everyone is the same, and I'm not trying to protect him, I'm trying to protect myself from doing everyday of time he does in jail in my mind. I just want to move on and not have to deal with being part of someone's life that takes 20 years of their freedom away.

I still am unclear on how in court I say I'm not going to testify without getting on the stand and then "making it count" so the heresay can be admitted.

The prosecution is very aware I don't want to testify. I have not cooperated, nor was I the person that reported the incident.

And because I'm being treated as hostile, I lost all my access to counseling and any services for victims.

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I was in your situation. The last time my ex husband assaulted me I called the cops after I got away. They arrested him that day. He had a preliminary hearing scheduled. I got subpoenaed to testify. I was going to go. That day I get a call that I'm not needed because he waived his preliminary hearing. He did two months in jail and then was on two years probation - which that just ended last week. I even stayed married to him after that for a short time. I still would have testified against him because he did assault me.

What in the world did he do to you that he is looking at 20 years? You are essentially protecting him whether you think you are or not. He deserves to go to prison if he hurt you so badly he's looking at 20 years.

Why would you be part of his life? YOU aren't taking 20 years away HE is. HE did it. And you do realize that he wouldn't serve the entire 20 years right? He'd have to do at least half before he's eligible for parole. So he'd probably do 10 and get out.

HE committed the crime. HE attacked you. HE hurt you. And now you're the only one who is paying for it. It's your life but I you need to reevaluate this. You need counseling and services and you aren't getting them.

I've been there. I know it's hard. But you need to stop worrying about him and his future and his life. HE ruined his life. Don't let him ruin yours.

I don't know how you intend to simply move on, knowing that he'll be free to assault you and/or others in the future. I urge you to talk to someone, even if the court doesn't order it, to get some outside perspective on your decision.