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.