New Jersey Domestic Violence Lawyer Discusses Upgraded Charges For Domestic Violence
In these cases, the charge would be upgraded to a more serious assault. In that case, we’d be talking about an arrest that would probably lead to a high bail and a serious either first, second, third or fourth degree crime, versus a simple assault, which is more of a disorderly person’s offense.
The other parts of assault, however, could be that the person is attempting to menace another person or put them in fear of serious injury. That is another part of the statute, the threats, and that can also lead to a separate charge of harassment, which very often goes along with an assault charge.
Most of the cases that wind up in municipal court are the simple assault cases where we were describing a little bit earlier between couples where there’s not a serious injury. There might be some injury but ordinarily, there’s not even anybody going to be treated medically.
What Will Transpire When The Police Arrive At A Scene Of Domestic Violence
What people can expect, as a victim of domestic violence or simple assault, and this would go for any simple assault, any kind of fight, is that the police would first advise the victim. The police will ask them whether or not they would want a restraining order and tell them they’d like to take photographs of any injuries that they do have so that they can preserve them as evidence.
What If The Victim Doesn’t Cooperate?
While this scenario does happen occasionally, what I see more often is where there really does need to be some separation between those people at that moment and there’s not much of a dispute about that. Because of that, the person who is the supposed victim or the alleged victim doesn’t really try to get in the way of the police because they realize too that some separation is needed.
Is There Bail In A Domestic Violence Charge?
Under most circumstances, bail isn’t even required. A municipal court judge, if the person does not have a significant history or any history at all of prior arrests, would simply release them on their own without a problem, without posting any bail in the state of New Jersey. This is also known as “being released on your own recognizance”.
When Will You Be Released If Charged With A Domestic Violence Crime?
If you’re charged with a domestic violence charge in the state of New Jersey, you would be arrested, processed and maybe questioned and then just a few hours later released, to say that same day.
Can You Return Home After Being Released?
There’s not an automatic restraining order but what the judge will do as a condition of their release or any release of any bail is put a no contact order in place. It’s different from a restraining order. A restraining order would come from a civil court.
After a hearing but as a condition of the bail or releasing the person without any bail, the municipal court judge would inform the police to tell the person who was arrested not to have any contact with the alleged victim while the case is going on, which can cause a very significant problem, especially for people who are either married and have children or are living together and have children and have to coordinate schedules.
Have you or a loved one been arrested for Domestic Violence or Assault in New Jersey? Contact Skilled New Jersey Domestic Violence Lawyer Carl Spector for a free confidential consultation. We are available to help you 24 hours a day. Let our experience work for you!