Subpoena'd by ex's new wife

[Happy in CA]

What is the name of your state (only U.S. law)? CA
My ex-husband's new wife is divorcing him. Her attorney has subpoena'd me to appear at their divorce hearing to testify about my ex-husband's verbal and physical abuse during our marriage. I am concerned for my safety. Do I need to testify to this? Is there some type of spousal priviledge that prevents me from having to testify? Any input is appreciated. Thank you.

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
My ex-husband's new wife is divorcing him. Her attorney has subpoena'd me to appear at their divorce hearing to testify about my ex-husband's verbal and physical abuse during our marriage. I am concerned for my safety. Do I need to testify to this? Is there some type of spousal priviledge that prevents me from having to testify? Any input is appreciated. Thank you.

I would speak with an attorney.

If your testimony is not relevant, then you can probably get the subpoena quashed. I would think that's reasonably likely in this case.

 

[Silverplum]

The "spousal privilege" is for spouses. You're not.

 

[csi7]

However, what she is being called to testify about is during the time she was his spouse, and is covered.
See an attorney.

 

[mistoffolees]

However, what she is being called to testify about is during the time she was his spouse, and is covered.
See an attorney.

It's not that simple.

Spousal testimonial privilege against testifying generally applies only for criminal cases.

Marital confidences privilege applies to both criminal and civil cases. That would cover things that they discussed.

Again, OP needs to see an attorney to see about getting the subpoena quashed.

 

[Ohiogal]

It's not that simple.

Spousal testimonial privilege against testifying generally applies only for criminal cases.

Marital confidences privilege applies to both criminal and civil cases. That would cover things that they discussed.

Again, OP needs to see an attorney to see about getting the subpoena quashed.

Marital/spousal does NOT cover domestic violence against a spouse.