Does spousal privilege apply in NH?
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Does spousal privilege apply in NH?
I need to know specific to NH, does spousal privilege apply? That is, can a wife
be compelled to testify against her husband in a criminal proceeding i.e. a
domestic violence case where the wife is the complaining witness?
Asked on July 12, 2017 under Criminal Law, New Hampshire
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
In domestic violence cases, some spouse's think that they can invoke "spousal privilege". In other words, the right of one spouse not to have to give testimony against the other spouse. However, the majority of states have amended their spousal privilege statutes to carve out an exception for DV victims. Therefore, in such cases one spouse can be made to testify against the other. A witness who refuses to testify can be held in contempt of court and arrested and jailed and/or fined.
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