Can I Testify About Abuse If I Signed an NDA? What Texas Law Says
- Garcia- Windsor P.C.
- May 30
- 2 min read
Updated: Jun 6
May 30, 2025
The recent legal proceedings involving music mogul Sean "Diddy" Combs have brought to light critical questions about the enforceability of non-disclosure agreements (NDAs) in cases of abuse. In a notable development, Kerry Morgan, former best friend of Cassie Ventura, testified about witnessing multiple instances of physical abuse by Combs against Ventura. Morgan also alleged that Combs assaulted her and subsequently paid her $30,000 in exchange for her silence, likely involving an NDA. This situation raises a pressing question: If someone has signed an NDA, can they still testify in a court case involving abuse? Understanding the legal landscape in Texas is essential for anyone who might find themselves in a similar predicament.
Understanding NDAs and Their Limitations
Non-disclosure agreements are legal contracts that prohibit individuals from sharing specific information. They are commonly used in business settings to protect trade secrets and confidential information. However, NDAs cannot be used to conceal illegal activities, including abuse or assault. In Texas, the law is clear: an NDA cannot prevent someone from testifying about criminal conduct.
Recent Legislative Developments in Texas
In response to concerns about NDAs being used to silence abuse victims, Texas lawmakers have taken significant steps to address this issue. House Bill 748, known as "Trey's Law," was introduced to prohibit the use of NDAs in cases involving sexual abuse and human trafficking. The bill aims to ensure that victims and witnesses can speak out without fear of legal repercussions. As reported by the Dallas News, the bill moved forward after testimony from abuse survivors highlighted the need for such legislation .
Legal Precedents and Court Rulings
Courts have consistently held that NDAs cannot override legal obligations to testify. If a person is subpoenaed to testify in a court case, they are legally compelled to do so, regardless of any NDA they may have signed. This principle ensures that justice is not obstructed by private agreements. As noted by legal experts, a private confidentiality agreement does not prevent being compelled by law to give testimony as part of a legal proceeding .
Implications for Witnesses and Victims
For individuals who have signed NDAs but possess information about abuse, it's crucial to understand their rights. While NDAs may create apprehension about speaking out, the law provides protections for those who come forward. Witnesses and victims should consult with legal professionals to navigate the complexities of their situations and to ensure that their rights are upheld.
The case involving Sean "Diddy" Combs underscores the importance of understanding the limitations of non-disclosure agreements, especially in matters of abuse. In Texas, the law is designed to prioritize justice and protect individuals who come forward with information about criminal conduct. If you or someone you know is grappling with the implications of an NDA in the context of abuse, it's imperative to seek legal counsel. At GarciaWindsor, our experienced family law attorneys in Dallas are committed to guiding you through these challenging circumstances. Contact us today to ensure your rights are protected and to take the necessary steps toward justice.
