NJ Evidence
Rule 501. Spousal privilege
N.J.S.A. 2A:84A-17 provides:
(1) Every
person has in any criminal action in which he is an accused a right not to be
called as a witness and not to testify.
(2) The
spouse or one partner in a civil union couple of the accused in a criminal
action shall not testify in such action except to prove the fact of marriage or
civil union unless (a) such spouse or partner consents, or (b) the accused is
charged with an offense against the spouse or partner, a child of the accused
or of the spouse or partner, or a child to whom the accused or the spouse or
partner stands in the place of a parent, or (c) such spouse or partner is the
complainant.
(3) An accused in a criminal
action has no privilege to refuse when ordered by the judge, to submit his body
to examination or to do any act in the presence of the judge or the trier of
the fact, except to refuse to testify.