3 Factors To Determine If a Communication Falls Under Texas Husband-Wife Privilege
Under Texas Husband-Wife privilege certain communication are considered privileged and the state can be prevented from obtaining testimony regarding privileged matters. This rule is also called the Marital-Communications Privilege. The first fact to determine is whether the communication was privileged. There are three factors that the Judge will consider to determine if the communication is privileged.
1.The communication must occur during the actual marriage.
2. There must be physical privacy between the spouses.
3. The speaker intended to maintain secrecy of the communication.