Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Can an Alleged Victim of Domestic Violence Be Forced to Testify?

In the state of California, a person who has made accusations of domestic violence has the right to refuse to testify. However, the prosecution may try to impose consequences. Read on to learn more about what is legal and what is not. If you need the advice of an attorney, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Domestic violence is a complicated issue

Thousands of people are arrested in California for domestic violence very year. The alleged victim often does not want the alleged perpetrator to go to prison for the incident. Why? There can be many reasons. They may depend on the defendant financially, they may feel that they overacted to the situation, they may not want the defendant to have a criminal record, or they may have exaggerated to the police to get revenge.

Sometimes the person who made the claim was drunk or on drugs and did not give an accurate account of what happened. They may want to reconcile with the defendant and move forward without a criminal record. For these and other reasons, the alleged victim may choose not to testify against their alleged abuser.

Marsy’s Law made it easier to refuse to testify

Before Marsy’s Law was made law in California, the court could have imposed penalties upon the alleged victim of domestic violence in order to compel them to testify. Penalties could be as severe as jail but more commonly included community service. Marsy’s Law does not prevent any penalties from being imposed, but it does limit them to fines. However, the alleged victim must still respond to their subpoenas and appear at trial.

Alleged victims of domestic violence have rights

The California Victims Bill of Rights gives numerous rights to alleged victims of domestic abuse. They may insist that certain conditions be met in order for them to comply with deposition, interview, or discovery proceedings. They can refuse to be deposed, interviewed, and compliance with discovery requests from the defendant or their attorney.

They can refuse to testify but they are required to participate in court proceedings. It could be as simple as showing up on time and formally refusing to provide testimony. If you are being asked to testify and you do not want to, contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation with an attorney.

The bottom line: You cannot be forced to testify

Note that just because you cannot be forced to testify does not mean that the prosecution will not try to convince you. They may put pressure on you. They may tell you that there are more significant consequences. The bottom line is that if you do not want to testify, you do need to show up to court proceedings but you can refuse to testify. It will be easier with an experienced attorney. Contact us today to find out how we can help.