What is a Husband-Wife Privilege?
In any marriage, private information is often exchanged between spouses. If either you or your spouse is a defendant in a court trial, the husband-wife privilege prevents the confidential communications from being used as evidence against you or your spouse. For example, the privilege may prevent a wife from testifying against the husband if the husband is accused of dealing drugs. Are There Any Exceptions to this Privilege?
This privilege does not apply to bar evidence from all court proceedings. Common situations where the privilege does not apply include: - When charged for a crime against your spouse or spouse¿s property ¿ e.g., domestic violence
- When charged for a crime against the child of either spouse ¿ e.g., child abuse or neglect
- When charged for a crime against anyone living with either spouse ¿ e.g., abuse of spouse¿s parents
- If you are not legally married there is no privilege, regardless of how long you¿ve been a couple
- If either spouse discloses confidential information to a third party, the privilege will not bar the third person from testifying
How Do I Know What Information is Covered by the Husband-Wife Privilege?
What evidence is admissible in a court proceeding is a very technical legal matter. If you think that you are entitled to the privilege or the privilege has been breached, contact an attorney to learn more about your rights, defenses, and the complicated legal system. |
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