Experienced New Jersey Domestic Violence Lawyer Discusses Upgraded Domestic Violence Charges
When domestic violence charges are more serious, the charges are often be upgraded to an assault charge. In these cases, we’re talking about an arrest that would probably lead to a high bail and a serious first, second, third or fourth-degree crime, versus a simple assault, which is more of a disorderly person’s offense.
Other reasons you could be charged with upgraded domestic violence charges in New Jersey 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 between couples where there’s not a serious injury. There might be some injury but ordinarily, no one involved requires medical treatment.
What Happens When The Police Are Called For 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 For 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. A no-contact order is different from a restraining order as 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 their daily schedules.
If you are charged with upgraded domestic violence charges in New Jersey, you need strong legal defense that understands how to deal with these serious situations. Contact the Law Office of Carl Spector for dedicated representation. With over 30 years of experience as both a prosecutor and criminal defense attorney, he offers a unique perspective on how both sides think, and how to best approach each aspect of the case. When your future is on the line, don’t settle for less than the best possible legal representation. Contact an experienced New Jersey domestic violence lawyer that will aggressively fight for you. Call today for a free confidential consultation. Let our experience work for you.