Can a spouse testify against another spouse in Ohio?

In a recent Ohio Court of Appeals case, the Court discussed an issue that we commonly use to see on TV and the movies - one spouse testifying against another spouse.  In the old mob movies, the mobster would just marry the female witness to the crime  - and thus she would not be permitted to testify against him.  Spouses, under Ohio law, are generally NOT permitted to testify against their respective spouses when that spouse is being prosecuted for a crime.   This is called the "spousal privilege."    The spousal privilege under Ohio law has one big exception.  If the testifying spouse is the victim of the crime (for example, a victim of domestic violence), they the spousal privilege does not apply. Our advice is simple - be nice to your spouses.