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Can I be forced to testify against my spouse?

Often people call us and ask the following: can I be forced to testify against my spouse?

Normally, if you do NOT want to testify against your spouse, it is a very good idea to call any criminal defense attorney (because they are familiar with this area of law), who can alert the Court of what you want. In other words, if you want the spouse to be prosecuted, they can let the prosecutor know that, but if you do not want to testify against your spouse, that attorney may file something called a “Notice of Invocation of Spousal Privilege,” which may or may not look like the sample below.

Sample Notice of Invocation of Spousal Privilege

People often have an attorney file such because they may feel the “victim advocate” is not truly advocating for the victim, but for “other side.” The bottom line: if you are a “victim,” you can choose an attorney for your choice.

Call us at 801-651-1512. We can help.

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Midvale, Utah 84047

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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