Legal Question in Family Law in California
Domestic Violence - Spouse Testimony
I have been subpeonaed to testify in a criminal case of domestic violence against my husband. We are still married. Is this legal? Don't I have immunity from testifying against him. I don't want to do or say anything that would help to convict him or jeopardize his freedom. What is going to happen if I take the fifth? Thank you.
2 Answers from Attorneys
Re: Domestic Violence - Spouse Testimony
The privilege to which you are referring is Evidence code section 985. There is no privilege under this article in a criminal
proceeding in which one spouse is charged with:
(a) A crime committed at any time against the person or property
of the other spouse or of a child of either.
(b) A crime committed at any time against the person or property
of a third person committed in the course of committing a crime
against the person or property of the other spouse.
(c) Bigamy.
(d) A crime defined by Section 270 or 270a of the Penal Code.
As I read this sectio of the evidence code there is no spousal privilege in this type of case.
Re: Domestic Violence - Spouse Testimony
The problem is that you probably gave a statement to the arresting officer. You will need to make a briefed motion in limine, and this should be done by your husband's attorney. Call me directly at (619) 222-3504.
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