In California, marital (spousal) privilege translates to robust legal safeguards for married spouses through two types of evidentiary privileges: the spousal testimonial privilege and the privilege covering confidential marital communications. These privileges aim to protect the sanctity of marriage while preventing unnecessary testimony that could damage marital relationships.
A Los Angeles criminal defense lawyer from Simmrin Law Group can explain more about how California endorses and enforces these two distinct forms of marital privileges, their exceptions and limitations, and their tactical impacts across the legal landscape involving married individuals.
Protecting Married Couples in Court: California’s Marital (Spousal) Privileges
Marital (spousal) privilege in California aims to uphold the public policy interests of preserving marital relationships, fostering open communication between partners, and preventing the injurious impact forced spousal testimony could have on marriages.
The spousal testimonial privilege prevents one spouse from being compelled to take the witness stand and provide potentially incriminating testimony against their husband or wife over their objection.
The confidential marital communications privilege precludes either spouse from being forced to reveal private exchanges and confidences shared during the marriage. This privilege is jointly held, meaning neither spouse can unilaterally waive it over the objection of the other regarding their intimate communications. Each privilege serves a distinct purpose in insulating aspects of a couple’s union from the scrutiny of the judicial process in both criminal prosecutions and civil matters.
The Spousal Testimonial Privilege
Under this privilege, outlined in California Evidence Code §970 and California Evidence Code §971, one spouse cannot be compelled to testify against the other in any criminal proceeding or civil matter. Essentially, prosecutors or opposing lawyers cannot force a spouse to take the witness stand and provide testimony that could incriminate their husband or wife.
However, the testimonial privilege is optional: the witness spouse maintains the choice of whether to exercise the privilege or voluntarily testify if they wish. The privilege also only applies to valid, non-fraudulent marriages at the time testimony would occur, not ex-spouses or unmarried partners.
There are key exceptions where the testimonial privilege does not apply, such as criminal cases involving domestic violence, bigamy, or child/spousal abuse (such as spousal rape) against the other spouse or family members.
The Confidential Marital Communications Privilege
Separate from testimonial privilege, California also recognizes the privilege for confidential communications between spouses during their marriage, per California Evidence Code §980. Neither spouse can be forced to disclose private conversations or communication that occurred within the marital relationship.
Unique aspects of this privilege include that it belongs equally to both spouses – meaning one spouse alone cannot unilaterally waive it over the other’s objection. It also extends indefinitely, even after a spouse’s divorce or death.
While not applicable in all circumstances, such as criminal accusations of violence within the family, these marital privileges demonstrate the legal system’s recognition of marriage as a unique partnership deserving of elevated privacy and non-betrayal protections. A criminal defense attorney can help those enmeshed in legal proceedings navigate spousal privilege issues.
Criteria for Confidential Marital Communications
For the confidential marital communications privilege to apply in California, the communication must meet several key criteria:
- It must be direct communication between the two spouses. Communications with third parties present do not qualify as confidential marital communications.
- The communication must have occurred during the marriage. Communications that took place before the couple married or after they divorced are not covered by the privilege.
- The communication must have been intended to be kept confidential between the spouses at the time it was made. If the spouses wanted or expected the communication to be overheard by others, it loses its privileged, confidential status.
- The content must involve some kind of communicative transmission, whether verbal statements, written messages, gestures, etc. Mere observations of a spouse’s actions without communicative intent likely do not qualify.
Essentially, the privilege only protects that subset of spousal communications that were meant to be private and confidential within the marriage at the time they were made. It does not extend to public communications or exchanges outside the marital relationship. The key is the reasonable expectation of privacy between spouses.
A Criminal Defense Attorney Can Explain More About How Marital (Spousal) Privilege Applies to Your Case
These robust spousal privileges underscore the public policy interest in preserving marital harmony and privacy. For those involved in criminal matters or civil lawsuits, understanding how and when these privileges apply proves crucial to case strategy and protecting one’s rights.
A Los Angeles criminal defense attorney can determine how such privileges apply to your particular situation. Contact Simmrin Law Group for a free consultation.