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?
3 Answers from Attorneys
Re: Sleeping with the enemy
no unless it is a domestic violence case.
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.
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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