Nj Simple Assault Statute - Our company is fully operational and working remotely amid the coronavirus impacting New Jersey. Please call us or contact us online for a free consultation with one of our attorneys.
New Jersey's domestic violence laws require domestic violence to occur in order for a victim to obtain a restraining order. Pursuant to the NJ Domestic Violence Act of 1991 (PDVA); There are 19 crimes classified as "domestic violence," one of which is assault. When the police are called to the scene of a domestic violence and/or domestic dispute, the perpetrator may be arrested and prosecuted. In addition, the accused will be informed of his right to file a Temporary Restraining Order (TRO).
Nj Simple Assault Statute
In New Jersey, there are two types of assaults that fall under the umbrella of "domestic violence," including simple assault and aggravated assault. Simple assault is the more common form of assault and is often used as the basis for a restraining order. New Jersey statute defines simple assault, NJSA 2C:12-1(a); When a person commits an offence:
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Simple assault that causes bodily injury is considered simple assault in New Jersey. "Physical injury" has a broad meaning to include any harm or injury to another person. Simple assault can also include threatening behavior that makes someone believe they are in immediate danger.
When considering the breadth of language in the simple assault statute; It is easy to see how a person would face an injunction with simple torture as a basis.
The point to note here is that in a restraining order issued on the basis of simple harassment, the parties must qualify for a domestic violence relationship, meaning they are married or married; People who are currently or are dating; living together or having lived together in the past; Or share a child or are expecting a child. without a qualifying domestic violence relationship; Simple assault can only be for misdemeanors and cannot be used as a basis for a restraining order.
If the police found visible signs of injury at the scene of the domestic violence incident; A criminal complaint must be filed against a person who has reasonable grounds to believe that an injury has occurred. Unfortunately, sometimes two people get into a physical fight where only one person comes out with bruises. That doesn't mean the fight isn't mutual, but it's often charged to "the one who doesn't get hurt." Regardless of the circumstances, police officers will also allow a person identified as a suspect to file a restraining order.
Aggravated Assault And Potential Defenses
If a person chooses to request a restraining order; A judge evaluating the circumstances of a particular case may issue a temporary restraining order. At that point, the restraining order would force the person to leave if he or she is in a home where two people live. While a simple nuisance restraining order is pending, the defendant cannot return home without police protection to collect his belongings.
To issue a final restraining order based on simple assault, a final hearing must be held before a family court judge in the superior court of the county where the TRO was issued. Both parties have the right to have an attorney represent them at the restraining order hearing. Your attorney will present the witness, injuries and property damage; We can help you build the most compelling case, which may include medical records and other important evidence that supports your side of the story.
For more information about simple assault and domestic violence in New Jersey, contact the knowledgeable criminal defense attorneys at The Tormey Law Firm at (201)-556-1570. Our attorneys have helped thousands of clients with restraining orders and simple assault charges in courts throughout New Jersey, and we're here to answer your questions. Contact us for a free consultation anytime day or night.
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Nj Aggravated Assault Lawyer
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Hackensack Simple Assault Lawyers
Simple assault is a form of domestic violence in New Jersey. It's a misdemeanor offense defined as "a premeditated act of domestic violence," which means a person accused of physical assault can face criminal charges and a restraining order. When the police investigated a domestic dispute. When officers see signs of physical injury that the victim files a complaint or reasonably believes the person has been abused. Charges of simple crimes will soon emerge. It is important to remember that there are two types of assault in New Jersey: simple assault and aggravated assault. Two simple assaults are considered a lesser offense. However, the consequences of a simple assault charge when it arises in a domestic violence situation are still very serious. If you have been charged with simple assault or simple assault in New Jersey. It is important to understand how to protect yourself.
Tormey Law Firm in Bound Brook; Haledon, Phillipsburg, Teaneck, Neptune Garfield Elmwood Park; A team of experienced domestic violence attorneys in East Orange, Bloomfield and New Jersey who regularly assist clients with simple abuse charges. When you are accused of domestic abuse; We know the court system inside and out and will fight to protect your innocence. Whether you need to appear in family court for a restraining order hearing, criminal court for simple assault charges, or both, our attorneys have the knowledge and experience to handle all of your domestic violence cases. Call (908)-336-5008 or contact us online today for a free consultation.
Being charged with a criminal offense of domestic violence or issued a restraining order in New Jersey; You will be charged with one of the 19 domestic violence crimes in New Jersey. Simple assault is one of these actions governed by section N.J.S.A. New Jersey Statutes 2C:12-1. Under New Jersey law; There are three ways in which a person can commit a simple tort. If a person is found guilty of simple assault:
Be aware that there are many types of injuries recognized under NJ law. "bodily injury" means physical pain; It means any disease or physical condition. "serious bodily injury" means any act or serious injury to any part of the body or any part of the body; Defined as physical injury that carries a substantial risk of permanent disfigurement or death.
N.j.s.a. 2c:12 1a Simple Assault Attorneys :: New Jersey Simple Assault Defense Lawyers Lubiner Schmidt And Palumbo
What is considered a "deadly weapon" under New Jersey's simple assault law? A deadly weapon is any firearm or other weapon; Instrument may refer to any substance or substance, whether animate or inanimate, used or intended to be used, known to be capable of causing death or serious bodily harm. The injury or the manner in which it was made reasonably led us to believe that it was likely to cause death or serious bodily injury.
Yes A misdemeanor simple assault is when you are arrested by the police for a misdemeanor (misdemeanor) crime that must be handled in the local municipal court where you are charged. This case will be prosecuted by the State of New Jersey and disposed of by the Municipal Prosecutor.
Simple assault as a metaphor for domestic violence is part of your restraining order. A defendant is guilty of simple assault; Criminal charges can be filed for a restraining order or both. One is completely independent of the other. Additionally, a defendant may be convicted of physical assault and have the restraining order dismissed, or both.
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