Legal Question in Criminal Law in Ohio
Domestic Violence
My wife was charged with domestic violence,Felony assault.Its her 3rd d.v. She was diagnosed as being bi-polar among other disorders some 4 years ago.She needs help not jail.In her upcoming case being her husband can I use the 5th amendment in order not to testify against her?
1 Answer from Attorneys
Re: Domestic Violence
You would not be able invoke your 5th Amendment right against self incriminiation to not testify, BUT, you CAN refuse to testify based on two separate "privileges". First is the spousal immunity privilege which states that you can not be compelled to testify against your wife/spouse. This may not be available if the DV was against you or one of your children if you have any. Second is the marital communications privilege which says that what ever you and your spouse discuss is privileged just like attorney/client privilege.
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