I Was Arrested For Domestic Violence Against My Partner In New Jersey. Since I’ve Been In Jail, My Partner Has Tried To Contact Me To Work Things Out. Am I Allowed To Speak To Him Or Her?
In New Jersey, a domestic violence restraining order is part of a two-court process. If you are arrested for domestic violence, the individual who is obtaining the order against you is getting the order from the family court so that you do not contact them. There can also be a criminal charge where you could be detained before that trial happens. The important detail is that the restraining order is not from the other person. Regardless of whether the other person wants to talk to you, you cannot talk to them; if it’s found out that you were talking to this person—even with their permission and invitation—then you will be charged with violating a restraining order and engaging in contempt of the court.
When New Jersey Police Were Called To My Home, Only I Was Arrested On The Spot. How Do Police Or Law Enforcement Determine Who The Aggressor Is In A Domestic Violence Situation?
Under the domestic violence policy handbook, police are required to make an arrest any time they see evidence of physical injury or complaints of pain. This could be something as little as a small scratch that was made during a scuffle between a child and parent to grab a cell phone. I’ve seen cases where a parent is arrested under these circumstances. It’s a big deal when you’re arrested under a temporary restraining order in New Jersey because you’re going to be arrested on a warrant rather than a summons. This means that you’ll go through the bail reform process, which means you will be held in the county jail for two days while they determine whether or not you should be released. In many cases, the prosecutor will try to keep the defendant in jail for up to a week, regardless of how minor the case.
I Was Arrested And Charged In A Domestic Violence-Related Incident In New Jersey. I Want To Get My Things From My Home. Do I Have Permission To Go Back And Get My Own Possessions? What If My Spouse Is In The House When I Get There?
When a temporary restraining order is issued in New Jersey, there is a provision where a judge will grant you the ability to go back to the house for about 15 minutes under police escort to gather your belongings during the pendency of the restraining order case. The police will contact the other person and let them know that they are going to be bringing you by at a certain time and that they shouldn’t be there, or that if they’re going to be there, they should have someone else there to guide you through the house.
My Partner Called The Police On Me And Alleged I Hit Her. Since My Domestic Violence Arrest In New Jersey, She’s Been Texting Me To Get Back Together And Said She’ll Tell The Truth. Should I Have Her Go-To Law Enforcement On My Behalf?
You should not have any contact with the other party; you should retain an attorney and have the attorney determine the best strategy. If the person who has a restraining order against you is contacting you, it may be a trap to get you to violate the order. In some cases, you may be able to take out a claim of harassment against a person who contacts you knowing that a restraining order is in place. There are many different ways to bring this to the eyes of the court. Once the restraint has been issued, the police are not in charge of having it removed; it will be the county prosecutor who has this authority. You definitely want to do it through an attorney, or else you will be taking a grave chance of being arrested.
Why Am I Being Charged For Domestic Violence In New Jersey When My Partner And I Were Both Equally To Blame For Harming One Another?
It’s important to know what goes into the issuance of a temporary restraining order. The first thing to consider is jurisdiction, which is based on whether the parties live together, the nature of their relationship, whether they have children together, and whether they’ve lived together in the past.
The second thing they are looking for is an act of domestic violence, such as harassment, assault, rape, or criminal mischief. This typically is not the most difficult thing to prove. The more difficult question comes in the event that there was just an argument. We will look at the prior history and decide whether we believe it was a one-time event, or likely to continue.
When people live together, they have disagreements, and not every disagreement is harassment, nor does it require a restraining order. People do petty things to each other when they live together, especially during these times when people are forced together for months on end. At the same time, there are levels of harassment that would compel the need for a domestic violence restraining order.
I Am Facing Domestic Violence Charges In New Jersey. There Is No Evidence To Show That A Partner Was Harmed. How Can The Prosecutor Continue With A Case Against Me?
In order to get a restraining order or to obtain a criminal charge, the other person has given testimony as to what happened, and this testimony is considered evidence. This evidence can be used to present charges against you both for the restraining order and the criminal charges. You may also have evidence, such as the lack of complaints initially, or the lack of any physical marks on the person which one would expect to be there if a physical assault occurred. This is what litigation is for. For example, our office represented the New York Giants player named Kamrin Moore last year. Kamrin was accused of domestic violence and assault. As it turned out, the police didn’t do very much investigating. As we looked into the case, we learned that the individual complaining for a restraining order was texting him and saying she wanted to come to his apartment. She did not take “No” for an answer and she waited outside his apartment until his girlfriend came home. When the girlfriend got home, the two of them got into a fight, and Mr. Moore just tried to break up the fight. Even though there was some evidence of physical injury on the victim, as we investigated more and more, we found evidence which contradicted what she was telling the police. All charges against Kamrin were dismissed.
Get your questions answered – call me for your free, 20 min phone consultation 908-643-7005