Brigham City, UT asked in Domestic Violence and Family Law for Utah

Q: Am I obligated to comply with DCFS in a child welfare case if I have not been through the mediation process yet?

I was the victim of domestic violence and my husband told the police I abused drugs after he physically attacked me in an effort to take the attention off himself. Prior to the argument I had told him that I had used a week prior thinking that it was a priviged cinversation. Can I argue that it was privileged and that anything said as a result is in admissable. I have no history of drug abuse and barely even a ciminal history and Im a veteran. I was also not told I had a right not to incriminate myself I was in still in shock and felt I was forced into admitting it

Related Topics:
1 Lawyer Answer
Brian Craig
Brian Craig
  • Criminal Law Lawyer
  • Logan, UT
  • Licensed in Utah

A: There are two privileges potentially involved here: the marital privilege and the privilege against self-incrimination. The marital communications privilege is governed under Utah Rule of Evidence 502. Rule 502 states that a confidential communication is "made privately by any person to his or her spouse" and is "not intended for disclosure to any other person." The privilege against self-incrimination is protected under the Fifth Amendment to the U.S. Constitution.

More information is likely needed based on the facts of the case. You might consider contacting a private lawyer in Utah.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.