Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and it states that if I fail to appear a warrant may be issued. But i coudn't appear because i wasn't aware of this at all and just received this notice now. I know my husband (soon ex husband) is doing this just to harm me, I left him in 1,5 month ago and took my all clothes and work tools with me back to Europe. After this apparently he filed a simple assault - purposely/ knowingly complaint, he is doing this because he is trying to affect my visa status and hopes to affect my ability of future possible US citizenship. I want to appeal and I have prove of abusive messages I received from him.

2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and get a new court date you will still need to prove your case. Obviously I also suggest that you hire a good lawyer as a simple assault charge which would be a domestic violence matter can/will, as you said effect your immigration status to this country and even whether you can get a tourist visa to vist. Just a warning these cases are generally pretty expensive to litigate especially if you want a high chance of success because it doesn't just matter how good your facts are, but also how good your lawyer is, as the quality of your lawyer is the only factor you can change to make an effect on the outcome of your case.

Louis A Casadia
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Answered
  • Criminal Law Lawyer
  • Hammonton, NJ
  • Licensed in New Jersey

A: I also agree you should just call the court and explain your situation that you did not get notice in time. An attorney could also do this on your behalf. As to the simple assault charges you need representation so that someone can obtain the evidence and speak with the Prosecutor. It may also be advisable to file your own charges if they are warranted based on the facts. I would speak to an attorney first though. Additionally, be sure to save every single text, call log, email, social media post sent or posted by your ex that has anything to do with you or this case. Even something you don't think is helpful may in fact be useful to an experienced defense attorney.

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