The courtroom feels like the last place you want to be. Yet, a subpoena arrives, or you get a call from the district attorney’s office requiring you to testify in a domestic violence case. What happened is bad enough without standing before strangers to recount it all.
Now you are left wondering: Can a domestic violence victim refuse to testify? Knowing your rights, protections, and what the law expects of you is essential in this challenging situation.
Domestic Violence As a Crime Against the State
Domestic violence is considered a public offense in California, meaning the prosecutor represents the state (or the “people”), not the victim. Prosecutors have the authority to press charges even if the domestic violence victim refuses to testify or cooperate.
While designed to protect domestic abuse survivors and prevent future abuse, this legal framework can also put victims in an uncomfortable position when called to testify.
Do I Have to Testify?
In California, if you receive a court subpoena, you are generally required to comply. In criminal cases, including domestic violence, the state prosecutes the alleged abuser. This means the decision is not entirely yours, even if you want to drop the charges or avoid court.
What Happens If You Refuse to Testify?
Refusing to testify once you have been subpoenaed can result in legal repercussions, with the outcome varying depending on the case specifics and the court’s discretion.
Contempt of Court
Under the law, courts cannot imprison domestic violence victims for declining to testify. Before taking further action, courts must refer the victim to a domestic violence or victims’ advocate.
Judges carefully weigh the victim’s well-being against the legal need for their testimony, often prioritizing compassion while trying to ensure justice. Although courts often empathize with domestic violence survivors, they may issue penalties if they believe that such a refusal hinders justice. Potential consequences include fines, community service, and, as a last resort, jail time.
Other Prosecutorial Options
Even without the victim’s testimony, if the prosecutor has enough alternative evidence, they can pursue the case. Common alternatives include:
- 911 recordings—calls made during or after the incident can provide compelling evidence;
- Medical records—documentation of injuries can corroborate the allegations;
- Law enforcement testimony—police officer’s observations during their response to the incident may be critical; and
- Witness statements—accounts from third parties who witnessed the event can strengthen the case.
In some situations, prosecutors may use the hearsay exception, which permits certain out-of-court statements as evidence in physical abuse cases like domestic violence. This strategy allows the prosecution to build a case even if the accuser is unwilling to testify.
Protections for Domestic Violence Victims
California law recognizes the unique challenges faced by domestic violence survivors and offers several protections designed to minimize harm and fear associated with testifying.
Victim’s Privilege
Under the spousal privilege rule, a married victim cannot be compelled to testify against their spouse in most cases. This privilege does have certain limitations, though, especially in cases involving domestic violence. Courts may revoke the spousal privilege if they believe the survivor has compelling testimony that serves the interests of justice.
Support Services for Victims
The state provides advocacy and support services to help domestic abuse survivors through the legal process. These services may include:
- Victim advocates to guide and support you during court proceedings,
- Restraining orders for protection against the alleged abuser, and
- Counseling and crisis intervention programs.
Survivors of domestic violence greatly benefit from these resources as they work through the legal system and the emotional fallout of abuse.
Testifying Via Alternative Means
California courts may allow victims to testify by videoconference or other alternative means to simultaneously ensure justice and the survivor’s welfare.
Why Would a Victim Refuse to Testify?
Refusing to testify is a deeply personal decision often influenced by complex emotions and considerations. Some common reasons include:
- Fear of retaliation—fear of physical or emotional retribution from the alleged abuser;
- Emotional trauma—reliving the abuse in court can feel overwhelming and retraumatizing;
- Economic dependency—relying financially on the alleged abuser can lead to worry about the consequences of a conviction;
- Family dynamics—concerns about the impact on children or other family members may deter survivors from testifying; or
- Reconciliation—some victims may still hold onto hope for reconciliation with the abuser, leading them to refuse to testify.
These reasons are not exhaustive but illustrate some of the complex factors that can make testifying in court as a victim of abuse difficult.
How an Attorney Can Help Explore Options
If you are uncertain whether to testify, an experienced attorney can offer valuable guidance. They can:
- Advocate for your rights—ensure you understand your legal obligations and protections;
- Negotiate with prosecutors—attorneys may work with prosecutors to reduce the necessity of your testimony or explore plea agreements;
- Seek alternative testimony methods—your lawyer can request accommodations like testifying remotely or behind a screen (although this is rarely granted); and
- Provide emotional support—in addition to legal advice, attorneys can connect victims with support services to help them manage their emotional toll.
Having an experienced attorney by your side can help you navigate the complexities of testifying in court and ensure that your rights are protected. Their knowledge and support can make a significant difference in how you approach the decision to testify and the overall outcome of your case.
Discuss Your Options with Our Domestic Violence Defense Lawyer
At The Law Offices of Kerry L. Armstrong, APLC, we recognize the courage it takes to testify in a domestic violence case. We are committed to ensuring your voice is heard, and your rights are protected, whether seeking justice or defending against unfair allegations. Our attorneys do not shy away from challenging cases.
Your future and peace of mind are too important to leave to chance. Contact us today for a confidential consultation.
Frequently Asked Questions
Can I Avoid Testifying If I Fear for My Safety?
Yes. If testifying places you at risk, your attorney can request protective measures, such as a restraining order or alternative testimony arrangements.
What Happens If I Change My Statement?
Recanting or changing your statement can have significant legal implications. The prosecution may question your credibility, and you could face perjury charges if the court believes the change is dishonest. Consult an attorney before altering any testimony.
Resources
- California Penal Code §679.05, link
- Domestic Violence. Orange County District Attorney Office, link
- California Penal Code §273.5, link
- State Services for Victims of Crime. California Victim Compensation Board, link
- Domestic Violence Restraining Orders in California. California Courts: link
- 2022 Domestic Violence Guidelines. California Commission on Peace Officer Standards and Training, link
Kerry L. Armstrong
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