DOMESTIC VIOLENCE CHARGES IN NEW JERSEY MUNICIPAL COURTS

DOMESTIC VIOLENCE CHARGES IN NEW JERSEY MUNICIPAL COURTS

Domestic violence can occur through any one of fourteen different offenses or crimes in New Jersey. Typically the complaining witness will also be seeking a final restraining order. In a previous blog post we discussed the procedure for the restraining order portion of a Domestic Violence allegation in New Jersey.  This blog post considers how to defend against the underlying charge. 

The most serious domestic violence crimes such as murder, aggravated assault, kidnapping, and criminal sexual contact will undoubtedly be prosecuted in the Criminal Division of the New Jersey Superior Court.  However, certain disorderly person offenses such as harassment, simple assault, and defiant trespassing are disorderly persons offenses or petty disorderly persons offenses and will be prosecuted in the municipal court where the incident occurred. 

While the law requires the final restraining order hearings take place within 10 days of entry of temporary restraints, the underlying disorderly persons offense may take weeks or even months to resolve.  It is important to understand that even if a defendant prevails in the Family Division of the Superior Court and the temporary restraints are dismissed, there may still be a municipal action pending.

It is important to seek competent representation when defending against a disorderly persons offense in municipal court because the law allows the judge to impose up to 180 days in jail and fines up to $1000.  Domestic violence charges in municipal court fall into a few different varieties.  In some situations the victim does not want to go forward with the charges.  This often happens between a couple that got into a fight, the police were called, and later they reconciled.  Typically, these charges will be dismissed unless there is an independent witness who the State can call to testify to the alleged violence that occurred. 

In other situations the victim shows up to court, is willing to tell the prosecutor what happened and testify if necessary but does not want anything “bad” to happen to the defendant.  These types of cases usually result in an abeyance or counseling.  Here, the judge will order the defendant to get a psychological evaluation or attend anger management.  The case will be kept open for a period of time, typically six months, and so long as no further incidents occur and the defendant follows the recommendations of the judge and the treatment provider the charges will be dismissed.

The last type of case involves a victim who is angry and wants the defendant to be punished.  This leaves little room for negotiating with the prosecutor.  Unless the charges can be dismissed by motion, the defendant will have to plead guilty or take the matter to trial.  Ultimately it is the State’s burden to prove guilt beyond a reasonable doubt.  Unlike in criminal court, there is no jury in municipal court.  The judge will hear testimony and decide if the defendant is guilty or not guilty.  Proper defense at a municipal trial is critical.  A competent lawyer may be able to exclude certain evidence, discredit the state’s witnesses through cross-examination, and convince the judge that reasonable doubt exists.

If you or someone you know is accused of domestic violence, visit our website at www.centralnjlawyers.com and call the attorneys at Roberts & Teeter today.

732-325-0814