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How can we fight an indictment, and if we are married, do i…

Customer Question
How can we fight...

How can we fight an indictment, and if we are married, do i have to testify against him?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Texas, and case was simple, i called for restraining order against my boyfriend, when the police arrived, they told me lots of lives and made me fear for my life, he threw a laundry basket at me, the cops glorifed the case, and when the detective on the case called me she told me he had been in prison, which he has not i pulled his record, she also ask me if i had left my small grandbabies with him alone and proceeded to tell he was a threat to my grandbabies and stated that he had charges with small children which he does not...I was sexually abused as a child and this trauma caused me PTDS, i lost my job and had to go to a crisis center and now i have to take medication, and see counselors and psychiatrist

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I've talked to a couple of ATTYS about suing the Bellmede police detective and the entire department, He was appointed a court Atty, who has'nt called or let us know anything, we just found out today about the indictment thru his bail bonds man.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will it be thru chat?

Submitted: 5 months ago.Category: Family Law
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Answered in 2 minutes by:
11/18/2017
Family Lawyer: Zoey, JD, Lawyer replied 5 months ago
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 30,048
Experience: 18 years of litigation experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Family Lawyer: Zoey, JD, Lawyer replied 5 months ago

While there is a spousal privilege in Texas, it does not apply when one spouse is alleged to have committed a crime against the other. That means you can be subpoenaed and forced to testify against your husband, whether you wish to or not.

Have you testified yet before the grand jury? Or is this case a misdemeanor charge still? Have you shared your concerns with the prosecutor?

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Customer reply replied 5 months ago
It is a felony and I am going to call the DA on Monday
Customer reply replied 5 months ago
I'm at work now can't talk
Family Lawyer: Zoey, JD, Lawyer replied 5 months ago

You need to talk to the DA if you do not wish to go forward and if you feel that testifying against him will be traumatic and detrimental to your health. It's best to do so in person rather than on the phone. If the DA is unsympathetic, talking to your boyfriend's lawyer and letting him know you are not interested in his being prosecuted can be helpful.

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Family Lawyer: Zoey, JD, Lawyer replied 5 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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