Can My Spouse Testify Against Me in an Injury Case?
In Texas, a spouse generally cannot be forced to testify against their partner in a criminal case due to spousal testimonial privilege. This privilege is designed to protect the trust and communication between married partners, ensuring that one spouse cannot be compelled to provide evidence that could incriminate the other in a criminal matter.
However, it’s important to note that this privilege does not automatically apply in civil cases, such as personal injury lawsuits. In civil cases, a spouse may be allowed or even required to testify about relevant information, because the marital testimonial privilege primarily protects spouses only in criminal proceedings.
However, marital communications privilege protects private communications made between spouses during the marriage. This privilege ensures that confidential conversations—things shared in confidence between spouses—cannot be disclosed in court without consent. While this can be relevant in both criminal and civil matters, it specifically protects private communications rather than testimony about observable facts or actions.
Understanding these distinctions is crucial if your spouse is involved in your case, and consulting an experienced attorney can clarify what privileges apply and how they may affect the testimony in your personal injury or criminal matter.
