Often people call us and ask the following: can I be forced to testify against my spouse?
Normally, if you do NOT want to testify against your spouse, it is a very good idea to call any criminal defense attorney (because they are familiar with this area of law), who can alert the Court of what you want. In other words, if you want the spouse to be prosecuted, they can let the prosecutor know that, but if you do not want to testify against your spouse, that attorney may file something called a “Notice of Invocation of Spousal Privilege,” which may or may not look like the sample below.
Sample Notice of Invocation of Spousal Privilege
People often have an attorney file such because they may feel the “victim advocate” is not truly advocating for the victim, but for “other side.” The bottom line: if you are a “victim,” you can choose an attorney for your choice.
Call us at 801-651-1512. We can help.