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Cal. Evid. Code § 985

Privilege for Confidential Marital Communications

Applied in 6 court decisions — leading case 28 Cal. 4th 205 - People v. Sinohui (2002)

Most recently applied in United States v. Donavan White Owl (July 2022)

Amended by Stats. 1975, Ch. 71.

How often courts cite this section

19801990200020102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

There is no privilege under this article in a criminal proceeding in which one spouse is charged with:

(a) A crime committed at any time against the person or property of the other spouse or of a child of either.

(b) A crime committed at any time against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.

(c) Bigamy.

(d) A crime defined by Section 270 or 270a of the Penal Code.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.