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.

What the law does not recognize is that domestic violence is often a two way street. Not meaning, both are violent. I mean that the victim can leave at the first signs, no matter how hard it is financially, or any other way. But when a "victim" choses to stay, knowing what can happen. In that case for her (I am female in this case), the things that make it OK in her mind or normal, most likely have nothing to do with the abuser. I can not fault him for the choices I made. The person I am and was for the forty years before he met me, that made this normal for me and why I did not leave, have nothing to do with him.

I never said he should not have consequences, I do believe that he should have some. However, I also don't believe that a twenty year sentence is what he should get. That hardly makes anything better. Especially not for his twelve year old daughter. All a prison sentence does is lock up and throw away the key and a life and had consequences to others far beyond the victim. Good people do bad things, bad people do good things. What I'm finding is the very sad reality of the judgment and stigma that these cases carry with them. Prison makes for just a more bitter person and has very long term consequences on the victim and other people close to the accused.

First, let me tell you that the "system" is very aware of the dynamic often involved in DV cases, and the emotional and often financial dependence the victim has on their abuser. This is why some 75% of DV victims will recant and even perjure themselves to protect their abuser. Interesting that the victim will risk jail and continued abuse to protect their abuser, but the abuser is not willing to do anything of the sort to protect their victim. The concern is most often a one way street.

Also, PRISON is not at all likely unless he has a heckuva prior criminal history. If this is a first time DV, and unless it involved a weapon or some serious injury, he is looking at little to no jail time and a lot of counseling. He can probably even plea to probation and counseling. I suspect that the only reason he is no0t pleading is because he knows that he has you cowed.

I recently (well, about a year and a half ago - before I retired) worked a case that is typical. The abuse got worse over the years. It started with slapping and hair pulling, and neighbors would call and she would refuse to admit to anything. Then, she had a baby with him (and 2 children by a previous abuser who finally committed suicide). The guy kicked open the door slamming the baby in the head and he was arrested. She, again, refused to cooperate and insisted that it was an accident in spite of what the neighbors said. But, he pled to misdemeanor DV and received a criminal protective order preventing contact. Still, she allowed him to see her. Twice more he beat the crap out of her and was arrested. Twice, she went to court and pled the Fifth because she argued that she could lose her children and be charged with child neglect for permitting him to live with her while he was subject to a CPO. Finally, for some strange reason, the CPO is reduced to peaceful contact and they go out drinking. He comes back, goes into a rage, beats her, knocks all her front teeth out on the front stoop of the house, shatters the window to her then 10 year old daughter's room to dissuade her from calling for help, and knocks the 6 year old son's teeth out because he dared to try and defend mommy! And STILL she recanted and claimed not to remember a thing - and got her daughter to do the same!

Because of her ongoing reticence, she has put herself and her children at continued risk and will likely lose the children. Indeed, she SHOULD lose them!

The point here is that DV is insidious. It continues until it is stopped and stopped hard. Statistics tell us that these children are very likely to grow up and enter in similar relationships to the ones they observed through their life. Her older son has a better than average chance of growing up to be an abuser, and her daughter has a better than average chance of growing up to be abused. The cycle of violence continues in that way. Fortunately, the two children she has with this piece of vermin (who will do no more than 18 months in county jail for seriously F'ing her and her children up) will be too young to be affected by these acts. But, if the trend continues, this woman's next paramour will all also be an abuser.

Society has a vested interest in putting the brakes to DV. It is a cycle that must be broken, but it also requires that women get the assistance and counseling they need. Now, your lack of cooperation may have caused you to lose out on financial services provided by Victim-Witness programs, but, there ARE Dv services available in almost all 58 counties in CA and they do not require your cooperation with the prosecution. Perhaps they can help you get your mind set, and also help you with other services to aid you. If you want, PM me with your county and I can link you to services. I still work with Victim-Witness and DV counseling services in several counties, so, if you need some direction, please ask.

What about the next woman he abuses ? What if he kills her ? He is responsible for his actions, you are not. You are responsible for your actions, not his. You need extensive counseling. Does he have a history of domestic violence and/or other crimes ?

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Quoting Stellaj

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What the law does not recognize is that domestic violence is often a two way street. Not meaning, both are violent. I mean that the victim can leave at the first signs, no matter how hard it is financially, or any other way. But when a "victim" choses to stay, knowing what can happen. In that case for her (I am female in this case), the things that make it OK in her mind or normal, most likely have nothing to do with the abuser. I can not fault him for the choices I made. The person I am and was for the forty years before he met me, that made this normal for me and why I did not leave, have nothing to do with him.

I never said he should not have consequences, I do believe that he should have some. However, I also don't believe that a twenty year sentence is what he should get. That hardly makes anything better. Especially not for his twelve year old daughter. All a prison sentence does is lock up and throw away the key and a life and had consequences to others far beyond the victim. Good people do bad things, bad people do good things. What I'm finding is the very sad reality of the judgment and stigma that these cases carry with them. Prison makes for just a more bitter person and has very long term consequences on the victim and other people close to the accused.

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No domestic violence is not a two way street. You need counseling. ASAP. You have been so brainwashed by him or someone else it's scary.

I'm telling you it's very odd he's looking at a 20 year sentence for domestic violence. My ex husband choked me and beat me. He could have killed me. He got two years of probation for pleading guilty. So the fact he's looking at 20 years means he did something very, very horrible to you.

Good people do not beat up their significant others. They do not abuse the people they love. That's a fact. If you love someone you NEVER hit them out of anger or anything else. The ONLY time someone needs to hit another person is self defense or defending your children. That's it. I have never, ever beaten the crap out of anyone in my life.

You seriously need some help. He obviously wasn't thinking about his daughter when he beat you. He wasn't worried about you when he was abusing you. It's not your fault that you stayed with him. Abusers are master manipulators. Master. I was the one who had the money, the home, everything and I stayed with my ex despite he hit me three times because the only times it happened he was coming off meth and I wouldn't get him more. I fell for the bull about "addiction is a disease" so it wasn't his fault. Blah blah. And when he's sober he is a decent person - but he's rarely sober. He finds any excuse to use. He lies, cheats, steals and manipulates ANYONE to get money to get meth. So I finally had enough of the drugs and I divorced him. Then I got back with him after he went to rehab before the divorce was even final. Things were fine. He was sober, working, going to meetings. Then he hit a roadblock legally and used it to relapse.

Bad people NEVER do good things. If they do it's to benefit themselves.

You got your legal answers. But you need so much counseling it's sad.

Yes prison doesn't really rehabilitate anyone but the fact he's looking at 20 years for domestic violence I don't think he can be rehabilitated. If you want to worry about him over yourself that's your life. He doesn't care about you or his daughter or anyone. He cares about himself. Only himself.

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Quoting cdwjava

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First, let me tell you that the "system" is very aware of the dynamic often involved in DV cases, and the emotional and often financial dependence the victim has on their abuser. This is why some 75% of DV victims will recant and even perjure themselves to protect their abuser. Interesting that the victim will risk jail and continued abuse to protect their abuser, but the abuser is not willing to do anything of the sort to protect their victim. The concern is most often a one way street.

Also, PRISON is not at all likely unless he has a heckuva prior criminal history. If this is a first time DV, and unless it involved a weapon or some serious injury, he is looking at little to no jail time and a lot of counseling. He can probably even plea to probation and counseling. I suspect that the only reason he is no0t pleading is because he knows that he has you cowed.

I recently (well, about a year and a half ago - before I retired) worked a case that is typical. The abuse got worse over the years. It started with slapping and hair pulling, and neighbors would call and she would refuse to admit to anything. Then, she had a baby with him (and 2 children by a previous abuser who finally committed suicide). The guy kicked open the door slamming the baby in the head and he was arrested. She, again, refused to cooperate and insisted that it was an accident in spite of what the neighbors said. But, he pled to misdemeanor DV and received a criminal protective order preventing contact. Still, she allowed him to see her. Twice more he beat the crap out of her and was arrested. Twice, she went to court and pled the Fifth because she argued that she could lose her children and be charged with child neglect for permitting him to live with her while he was subject to a CPO. Finally, for some strange reason, the CPO is reduced to peaceful contact and they go out drinking. He comes back, goes into a rage, beats her, knocks all her front teeth out on the front stoop of the house, shatters the window to her then 10 year old daughter's room to dissuade her from calling for help, and knocks the 6 year old son's teeth out because he dared to try and defend mommy! And STILL she recanted and claimed not to remember a thing - and got her daughter to do the same!

Because of her ongoing reticence, she has put herself and her children at continued risk and will likely lose the children. Indeed, she SHOULD lose them!

The point here is that DV is insidious. It continues until it is stopped and stopped hard. Statistics tell us that these children are very likely to grow up and enter in similar relationships to the ones they observed through their life. Her older son has a better than average chance of growing up to be an abuser, and her daughter has a better than average chance of growing up to be abused. The cycle of violence continues in that way. Fortunately, the two children she has with this piece of vermin (who will do no more than 18 months in county jail for seriously F'ing her and her children up) will be too young to be affected by these acts. But, if the trend continues, this woman's next paramour will all also be an abuser.

Society has a vested interest in putting the brakes to DV. It is a cycle that must be broken, but it also requires that women get the assistance and counseling they need. Now, your lack of cooperation may have caused you to lose out on financial services provided by Victim-Witness programs, but, there ARE Dv services available in almost all 58 counties in CA and they do not require your cooperation with the prosecution. Perhaps they can help you get your mind set, and also help you with other services to aid you. If you want, PM me with your county and I can link you to services. I still work with Victim-Witness and DV counseling services in several counties, so, if you need some direction, please ask.

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It must not be his first time. She keeps saying he is looking at 20 years. So he did something really messed up and has priors if he's looking at 20 years. The story you tell and he only got 18 months...and her significant other is looking at 20 years really makes me want to know what he did to her. It makes me sad that she thinks it's a two way street...

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Quoting qwaspolk69

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It must not be his first time. She keeps saying he is looking at 20 years. So he did something really messed up and has priors if he's looking at 20 years. The story you tell and he only got 18 months...and her significant other is looking at 20 years really makes me want to know what he did to her. It makes me sad that she thinks it's a two way street...

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Yep. As I mentioned, there is no way he's getting that much prison time for a first time DV. It would have to have been damn near attempted murder, or, he has a very extensive criminal history if he's facing 20 years. And, if he has that kind of history, I would not be surprised if the state did do a full court press - even against the victim - to try and get such a violent predator put away.

In CA, NO ONE gets 20 years in prison absent an extensive and violent criminal history! Though, after Prop 57 last year, that 20 years may actually work out to 7. :wallbang: