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Can My Spouse Be Compelled To Testify Against Me In A Domestic Assault Case In New Jersey?

December 11, 2014 by Matthew Reisig

Yes, your spouse can be compelled to testify against you in a domestic assault case, and can face perjury charges if the prosecutor believes they are lying on the stand.

This is a change from the ordinary procedure in New Jersey courts, where spouses are typically exempt from testifying against one another.

Because of the risk of ongoing violence against a victim of a domestic assault, prosecutors have more discretion in how they can question a spouse who is also a victim.

Often, a spouse will seek to remove themselves from a criminal case against their partner.

That usually doesn’t end the case, and the prosecution can move forward.

If your spouse wishes to recant a statement or withdraw as a witness, they should consult an attorney of their own to represent their interests, as such actions can draw the ire of prosecutors and sanctions are not unheard of.

Have your spouse call Matthew Reisig at 732-625-9661 for strong advocacy in determining how they will interact with a domestic violence prosecution.

Filed Under: Domestic Violence

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.