As much as spousal privileges promote harmony within the home, it tends to deprive you of access to some of your personal freedom and justice to other parties. You may be tempted to stand as a witness against your spouse in cases where you are sure he or she is guilty but is governed by spousal privileges. You are compelled to hold back any information that can victimize them. Get in touch with Tierney Law Group for more information and advice about spousal privileges.
However, this serves as an advantage if you are the victim at hand and your partner cannot leak out any information or communication you shared against your own consent. If your spouse stands as the only witness, then the judiciary will be forced to rule you innocent. Feel free to get in touch with our Pleasanton divorce lawyer for help.
What Are They? If Divorced, Does It Change?
Spousal privilege is a phrase presented in the law of evidence to identify two separate privileges that apply to a couple. That is the spousal communication privilege and Spousal testimonial privilege. All these above privileges are summarized by the policy of condemning spousal conflicts and preventing one spouse from being condemned or condemning the other spouse.
When a couple decides to bring their marriage to a halt, these spousal privileges are used to apply. Therefore, the court can summon an individual to stand as a witness against their ex-partner. However, this privilege still grants the accused rights to block their ex from testifying against them on matters they discussed during their marriage. A divorce lawyer in Pleasanton CA will be at your service.
Protection of confidential marital communication can further be violated in circumstances including;
- Cases that involve crime and fraud
- Proceedings involving the mental and physical stability of a partner
- Certain juvenile court proceedings such as child support
- Cases between spouses such as divorce
What Are Spousal Testimony Privileges?
Spousal testimony privileges prevent one spouse from testifying against the other in a court of law during criminal or other proceedings. This privilege overrules one from revealing matters within the witness’s knowledge, whether by deposition or trial. The main purpose of the spousal testimonial is to promote peace within the marriage setting.
Information or communication that is shared between the spouses is protected during or after the termination of marriage, according to family law attorney Pleasanton CA. However, this privilege is not applicable if one spouse files a criminal proceeding or when the spouses are suing each other in a civil case.
When Is That Needed? What Role Does It Play?
Marital testimonial privileges are essential when a spouse is summoned to testify against their partner, according to the Spousal Privileges Divorce Attorney in Pleasanton CA. This privilege provides that a wife shall not be questioned for or against her husband, nor a husband for or against his wife either in marriage or after a divorce. This privilege holds that any communication made by one to the other during a marriage set up is kept confidential and protected.
How Your Attorney Can Help Protect Your Rights
It may be easy to claim that a certain communication, observation, or conversation between you and your spouse or ex stands to be protected spousal privileges. However, an attorney must be hired to give proper clarifications on complicated matters that must be met before claiming any spousal privilege.
If you or your partner has been accused of a criminal offense, or if you have been ordered to stand as a witness in a crime committed by your spouse, it is wise to seek advice from a Spousal Privileges Attorney in Pleasanton CA to know more about your rights and defenses and help you to approve if the spousal privileges apply. If you or your spouse has applied for a divorce, a Pleasanton CA Spousal Privileges Attorney will be the best choice to guide you on your rights and duties regarding spousal privileges.