Legal Question in Criminal Law in California

Sleeping with the enemy

Can a husband and or wife be forced to testify in criminal proceedings against one another?


Asked on 4/14/04, 7:40 pm

3 Answers from Attorneys

Ronald Richards Law Offices of Ronald Richards and Associates

Re: Sleeping with the enemy

no unless it is a domestic violence case.

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Answered on 4/14/04, 7:45 pm
Terry A. Nelson Nelson & Lawless

Re: Sleeping with the enemy

Usually no. If it is threatened, you will need to file motions with the court to prevent it - consult your attorney. If you need to hire counsel, feel free to call.

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Answered on 4/14/04, 7:55 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sleeping with the enemy

Except in domestic violence cases, one spouse cannot be compelled to testify against the other. However, a spouse who *wants* to testify can. If this happens, the other spouse can object to any question that asks about confidential communications the two of them shared during the marriage; the testifying spouse can still talk about non-confidential communications or about things he/she observed during the marriage, or about anything that happened before the marriage.

Former spouses can be compelled to testify, and when this happens the same limitations apply. Additionally, he/she can testify about events after the marriage ended.

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Answered on 4/14/04, 8:12 pm


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