What if I show up for my husband’s court and I am listed as the domestic violence victim but I refuse to testify?

Oregon, like most states, have marital immunity rules which allow one spouse to refuse to testify against another spouse--- however, the exception to this rule is in criminal cases where one spouse is the victim.  So technically, you cannot refuse to testify.  However, many victims do and when the prosecutor learns that the victim is not cooperative, they will sometimes drop the charges if the only evidence is the statement of the victim/spouse.  If there are other witnesses to the assault, your refusal to testify would not affect their case and they could still move forward, despite your lack of cooperation. 

Many victims get upset when the state continues with charges over their objection.  However, many prosecutors will still go forward because they are concerned that the offending spouse is trying to manipulate or intimidate the victim spouse and it's up to them to put a stop the circle of violence.  Instead of refusing to testify or to lie on the stand about what happened and subject yourself to a contempt or perjury charge, go talk to the prosecutor.  Often, if they understand this is an isolated incident and that the parties are going through counseling to work through issues, they will be more likely to give your husband a conditional dismissal based on his efforts to improve.  If the prosecutor won't agree to visit with you, then go talk to your husband's attorney.  They, in turn, can help communicate your feelings about the case to the prosecution, judge, or jury.