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spousal communication

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lawstudent77 | 19:09 Sat 09th Feb 2008 | Law
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I am doing an inter-office memo for my legal writing class,and am having serious issues finding the information I need. Here's the senario, a man says he is going to "teach the neighbor a lesson, once and for all" in front of his wife and two minor children, then goes and does it. He is now being charged with aggravated assault and battery with a deadly weapon. His wife, who he is now seperated from, wants to testify against him about the words he spoke the day of the incident. There were no witnesses present during the beating. Then wife nor children saw the beating, and the husband said it was a mutual fight, and he was just defending himself. Can the estranged wife testify? This is a Florida case. Is he no longer protected, because the children were present? Does he still have privileged communication, because it was in his house and the third parties were his minor children? All I need to know for my memo are whether the conversation was privileged, and whether or not it will be admissable at trial. I have looked up cases and the Florida statutes 90.504, 90.57, 90.403, and am still not clear. HEEEEELLLPPP...

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