Thank you for your question. I see you opted out your previous expert, who was merely asking you a question to get some additional information. I am a different contributor looking to provide you information you are seeking for educational purposes only.
Under the laws, domestic violence
cases are a bit different than other criminal
cases in that on a DV case, the state is the actual victim in the case and you are merely the complaining witness. What this means is that while you can tell the DA you do not want to prosecute the case and can even give the DA an "affidavit of non-prosecution," which is a sworn statement you do not want to prosecute, ultimately you do not have the final say because the state is the victim and you are really only a witness.
In a DV case, the DA can prosecute without your testimony if they choose as long as they have sufficient other evidence to support the charges. Thus, even though you can refuse to testify in the case, ultimately the DA has the right to continue to pursue the case.
You can simply refuse to cooperate with the case and tell the DA you are not testifying. The DA can subpoena you and if the DA wants to play hardball, which most do not want to do, he can try to force you to testify and you could take the 5th on the basis that if you recant your statements in the case it could incriminate you for filing a false report, usually it will not get that far though and the DA will ultimately dismiss these cases.
However, you should get your wife an attorney if he refuses to dismiss when you tell him you will not testify and then work with her attorney on the case to seek to get it dismissed.
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