§ 985 [No Privilege in Crimes Against Spouse or Children]

Married couples usually have the right to keep private conversations confidential, and one spouse cannot be forced to testify against the other. But this rule takes away that protection in certain criminal cases.

If one spouse is charged with a crime against the other spouse or against either spouse's child, the privilege does not apply. The same is true if the spouse committed a crime against someone else while also committing a crime against their spouse, like hurting a bystander during an attack on their spouse. This rule also removes the privilege in bigamy cases and in cases involving failure to support a spouse or child.

In plain terms, this means a spouse can be required to testify, and private marital communications can be used as evidence, when the case involves harm to the other spouse, harm to their children, or these specific listed crimes. The law decided that protecting spouses and children from abuse or neglect matters more than keeping marital communications private in these situations.