Particular PrivilegesPrivilege for Confidential Marital Communications
Section § 980
This law states that a person has the right to keep conversations private that took place during their marriage or domestic partnership. This applies even after the relationship ends, as long as the conversation was confidential and the person claims this privilege. This rule is subject to specific exceptions and another section (Section 912) of the law.
Section § 981
This law states that if a communication is intended to help someone commit or plan a crime or fraud, any privilege protecting that communication does not apply. In simpler terms, if you're using a conversation to assist in illegal activities, it's not protected by confidentiality rules.
Section § 982
This law says that in a legal case aiming to commit a spouse or take control of their property due to their mental or physical condition, the usual privileges that protect communication between spouses do not apply. Essentially, conversations between spouses can't be kept secret in these specific cases.
Section § 983
This law section states that in legal proceedings to determine a spouse’s competence, there’s no confidentiality protection or privilege. This means that usual privacy rights between spouses are not applicable when one is trying to prove another's mental or competency status in court.
Section § 984
This law states that in certain legal proceedings between spouses, there is no protection or privilege to withhold information. Specifically, this applies to cases where one spouse sues the other. It also applies to disputes between a surviving spouse and someone making a claim through the deceased spouse, whether the claim is based on a will, inheritance without a will, or a transaction made before death.
Section § 985
In a criminal trial, if one spouse is accused of a crime against the other spouse or their child, they can't claim spousal privilege—that's a legal right to refuse to testify against each other. This rule also applies if the crime involves harming a third person while committing a crime against the spouse, cases of bigamy, or crimes related to family neglect as outlined in certain Penal Code sections.
Section § 986
This law states that in cases related to the Juvenile Court Law, which deals with proceedings concerning minors under the Welfare and Institutions Code, there is no privilege. This means that the usual protections that might apply to keeping certain information private do not apply in these specific juvenile legal proceedings.
Section § 987
If a defendant in a criminal case wants to present evidence of a communication made between spouses, this law states that there is no privilege to prevent that evidence from being used. In simpler terms, the usual rule where spouses don't have to testify against each other doesn't apply in this situation.