Spousal privilege is always an option in criminal cases, but in domestic violence cases, the District Attorney can proceed with the prosecution even without a complaining witness.
New York judges and prosecutors are strongly focused on protecting potential victims from alleged abusers, and can proceed with a case against your spouse even if you refuse to testify at all.
Handling these cases requires a good deal of experience, because everyone involved has such strong motivations.
You presumably need your spouse home and not in jail (your spouse probably wants this as well).
The DA, meanwhile, knows that being called ‘soft on domestic violence’ will be a career killer.
The attorneys at Zelenitz, Shapiro & D’Agostino have a good track record negotiating for reduced charges with prosecutors, which often removes the charges from the realm of domestic violence and lowers the temperature on the case.
Call us at 718-599-1111 and let us help you put a stop to a case you want ended.