[{"@context":"http:\/\/schema.org","@type":"BlogPosting","about":"Domestic Violence","wordCount":597,"datePublished":"2023-02-09","dateModified":"2025-05-22","url":"https:\/\/sterlingdefense.com\/blog\/can-your-spouse-testify-against-you\/","mainEntityOfPage":"https:\/\/sterlingdefense.com\/blog\/can-your-spouse-testify-against-you\/","description":"Many people facing criminal prosecution wonder whether their spouse can choose or be forced to testify against them. If you find yourself in this situation, you should understand how spousal privilege (also called marital privilege) works in California.\u00a0 What is Spousal Privilege? Spousal privilege, outlined in California Evidence Code\u00a0\u00a7970,\u00a0971, and\u00a0980, refers to the right of a married person to refuse to testify against their spouse or to prevent their spouse from testifying regarding communications made in confidence to their spouse during their marriage. Does Spousal Privilege Always Apply? The California Evidence Code lists situations under which spousal privilege does not \u2026 Continue reading \u2192<\/span><\/a>","name":"Can Your Spouse Testify Against You?","headline":"Can Your Spouse Testify Against You?","articleBody":"Many people facing criminal prosecution wonder whether their spouse can choose or be forced to testify against them. If you find yourself in this situation, you should understand how spousal privilege (also called marital privilege) works in California.\u00a0What is Spousal Privilege?Spousal privilege, outlined in California Evidence Code\u00a0\u00a7970,\u00a0971, and\u00a0980, refers to the right of a married person to refuse to testify against their spouse or to prevent their spouse from testifying regarding communications made in confidence to their spouse during their marriage.Does Spousal Privilege Always Apply?The California Evidence Code lists situations under which spousal privilege does not apply. These circumstances include:\u00a0Communications made, in whole or in part, to enable or aid anyone in committing or planning to commit a crime or fraudLegal proceedings to commit a spouse or to place the spouse\u2019s person or property under another\u2019s control due to the spouse\u2019s alleged mental or physical conditionLegal proceedings brought by or on behalf of a spouse to establish their competenceAny proceeding initiated by or on behalf of one spouse against the other spouseAny proceeding between a surviving spouse and a person claiming an inheritance from the deceased spouseProsecution for crimes committed by one spouse against the person or property of the other spouse or child of either spouseProsecution for offenses committed by a spouse against a third party while committing a crime against the other spouseBigamyChild\/spousal neglectAny proceeding under the Juvenile Court LawAny criminal proceeding against a spouse in which the communication is offered into evidence by the spouseYou should also know marital privilege only extends to people who were married when the alleged event occurred. If the marriage was invalid or you get divorced, a spousal privilege no longer applies.\u00a0Can the Prosecutor Force a Spouse to Testify?Under \u00a7970 of the California Evidence Code, anyone generally may refuse to testify against their current spouse in any proceeding. An adverse party in a legal proceeding against one spouse cannot call the other spouse without their spouse\u2019s express consent unless the party calling the spouse did not know of the marital relationship. However, several exceptions to this privilege exist, such as:Any proceeding to establish a spouse\u2019s competenceAny proceeding under the Juvenile Court LawAny criminal prosecution in which one spouse is charged with a crime against the person or property of the other spouse or against a child, parent, relative, or cohabitant of either spouseProsecution for crimes committed against a third party while committing a crime against the person or property of the other spouseBigamyChild\/spousal neglectAny criminal prosecution for a crime occurring before the spouses\u2019 marriage, if the testimony concerns knowledge acquired before the marriage and the testifying spouse knew their spouse had been arrested for or charged with the crimeWhat if Your Spouse Wants to Testify?You cannot bar your spouse from testifying against you if they wish. Marital privilege does not prevent someone from testifying against their spouse \u2014 it merely protects them from being forced to.However, there is one exception. Under \u00a7980, a spouse can prevent the other spouse from testifying against them about communications made in confidence.Consult With a Domestic Violence Defense Lawyer for More InformationCalifornia courts take domestic violence charges seriously. If your spouse or domestic partner has accused you of abuse, contact a Domestic Violence Defense Lawyer in Los Angeles at the Law Offices of Justin E. Sterling today for help developing a strong criminal defense. The first consultation is free.\u00a0\u00a0","publisher":{"@type":"Organization","logo":{"@type":"ImageObject","url":"https:\/\/sterlingdefense.com\/wp-content\/uploads\/2022\/02\/law-offices-justin-e-sterling-logo.png","height":80,"width":421,"@id":"https:\/\/sterlingdefense.com\/wp-content\/uploads\/2022\/02\/law-offices-justin-e-sterling-logo.png"},"name":"Law Offices of Justin E. Sterling","@id":"https:\/\/sterlingdefense.com\/blog\/can-your-spouse-testify-against-you\/#Organization1"},"image":{"@type":"ImageObject","url":"https:\/\/sterlingdefense.com\/wp-content\/uploads\/2023\/02\/Spouse-Testify.png","height":373,"width":497,"@id":"https:\/\/sterlingdefense.com\/wp-content\/uploads\/2023\/02\/Spouse-Testify.png"},"author":{"@type":"Person","image":[{"@type":"ImageObject","url":"https:\/\/secure.gravatar.com\/avatar\/2aa0280c0e1efaf674a97a59974db31e4f7fb0dbf3a9cb51b1c654cad5fb5101?s=96&d=mm&r=g","height":96,"width":96,"@id":"https:\/\/secure.gravatar.com\/avatar\/2aa0280c0e1efaf674a97a59974db31e4f7fb0dbf3a9cb51b1c654cad5fb5101?s=96&d=mm&r=g"},{"@type":"ImageObject","url":"https:\/\/secure.gravatar.com\/avatar\/56f96b25569c57932f6725c35e2faa60?s=96&d=mm&r=g","height":96,"width":96,"@id":"https:\/\/secure.gravatar.com\/avatar\/56f96b25569c57932f6725c35e2faa60?s=96&d=mm&r=g"}],"url":"https:\/\/sterlingdefense.com\/blog\/author\/sterlingdefense\/","name":"Law Offices Of Justin E. Sterling","identifier":11,"@id":"https:\/\/sterlingdefense.com\/blog\/author\/sterlingdefense\/#Person"},"@id":"https:\/\/sterlingdefense.com\/blog\/can-your-spouse-testify-against-you\/#BlogPosting"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/sterlingdefense.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can Your Spouse Testify Against You?","item":"https:\/\/sterlingdefense.com\/blog\/can-your-spouse-testify-against-you\/#breadcrumbitem"}]}]