Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist. Roger : Unfortunately, as of January of this year, there is no spousal privilege in regard to domestic violence cases, so she can't refuse to testify. Here's a good article about this: http://westgeorgialawyerblog.com/?p=284 Roger : Thus, if she is subpoenaed to testify she would have to appear and testify. If she didn't, she could be charged with contempt of court.
Roger : You can consult with your attorney about how to proceed, but it's better for her to appear and she can tell the judge that she overreacted, that she doesn't want to prosecute you, that you didn't do anything, etc.
Roger : Hi -
Roger : I see that you rated the service as "bad". I'm sorry you feel that way, but did I misunderstand your question, or did you need something else?
Roger : Had this happened last year, your wife could refuse to testify and there'd be nothing that the court could do. But, that's not the case now, unfortunately.
Roger : The court can force her to testify, and if she doesn't, she'll be facing her own criminal charges.
Roger : There's no way to simply "drop" the charges unless the prosecutor decides to drop the case - - and that's not likely to happen.
Roger : Your wife could show up to testify and tell the judge that she doesn't remember what happened - - essentially, play dumb - - and make it hard/impossible for the prosecutor to make his case, but that's really it.
Roger : Once domestic violence charges are filed, there's really not an easy way to drop them - - and this is really particular to DV cases.
Roger : The reason is that the court is very concerned that the victim is threatened that if the charges aren't dropped, that something bad will happen, etc. Of course, that's not always the case and often times these charges are simply over-reactions of a spouse. BUT, courts are VERY aware of the possibility of threats being made, so stopping prosecution is not easy.