Domestic Violence: Can My Spouse Be Forced To Testify?

Law Offices of EJ Stopyro
Orange County Domestic Violence Lawyers
Domestic Violence Attorney in Orange County

The “Spousal Privilege” is a centuries old facet of our legal system designed to honor and preserve the sanctity of marriage. Under this doctrine, one spouse cannot be compelled to testify against the other. Yet any Orange County Domestic Violence lawyer will tell you that it is routine in Orange County for the District Attorney to force one spouse to testify against the other at a domestic violence trial. How can this be?

The spousal privilege is codified in California at Section 970 of the California Evidence Code. The Evidence Code applies to all court proceedings, including Orange County domestic violence cases. It states: “Except as otherwise provided by statute, a married person has a privilege not to testify against his [or her] spouse.” Seems pretty clear, right? Well, it’s the “except as otherwise provided” part that changes things.

Section 972 of the Evidence Code states, in relevant part: “A married person does not have a privilege under this article in: (e) a criminal proceeding in which one spouse is charged with: (1) a crime against the person or property of the other spouse or of a child, parent, relative, or cohabitant of either, whether committed before or during marriage.” Thus, with a stroke of the pen, the California legislature has altered the centuries-old spousal privilege to allow one spouse to be forced to testify against the other where the other spouse is charged with domestic violence or any other crime against the other spouse or any family member.

So if you’ve been charged with domestic violence in Orange County your spouse will not be able to invoke the spousal privilege to avoid testifying against you. To protect your freedom and reputation it is essential that you consult with a domestic violence lawyer in Orange County. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an OrangeCounty domestic violence attorney today. The consultation is free and confidential. Or visit our website at

Law Offices of EJ Stopyro
Domestic Violence Lawyer in Orange County
Orange County Domestic Violence Attorneys