Q: My father was arrested for domestic violence and now he has a court date and my mother wants to drop the charges.

A: Yes, your father could face jail time. The fact he was arrested may lead to a case going forward against him, even if your mother wants to drop the charges. The case could be transferred to the Criminal Division of Superior Court or it could be decided in the Family Part. Without a complete set of facts and a review of all pertinent documents the your question cannot be answered more specifically. However, if it is transferred to the Criminal Division of Superior Court, you will need the best criminal defense attorney you can afford. Good luck.

A: If you father was charged with assault he could face jail. Even the smallest assault charge has up to 180 days in jail. Get your father and your mother a lawyer. The best way is for them both to have separate lawyers and thus the two lawyer can convince the judge and prosecutor to dismiss or downgrade the charge. Good Luck

A: New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical injuries, police may arrest the man. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault.

Even during the evening, your town Municipal Court or Superior Court can issue a Restraining Order, which is a legally enforceable document. The Temporary Restraining Order (TRO) will prohibit the defendant/abuser from any contact with the victim or entering the residence. More info at http://www.njlaws.com/restraining_orders_in_domestic_violence_cases.html.

Unlike a criminal case where a person is provided with lengthy due process rights, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far-reaching orders. A domestic violence hearing is usually held within only ten (10) days after the filing of an ex parte complaint and temporary restraining order. After a hearing, NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant.

Too often lawyers throw up their hands when a client presents a complaint involving domestic violence and related criminal charges. While defense of the complaint may become an involved process requiring commitment and persistence, there are a number of viable defenses and arguments that can achieve a successful result. Rather than simply suggest that a client plead guilty and avoid trial, an attorney should accept the challenge and apply his best legal talents to protect the client’s rights.

We require a great deal of cooperation from our clients in an effort to help keep their costs reasonable. We require our clients to prepare diagrams and provide us with the names, addresses, and telephone numbers of witnesses.

Sometimes a family friend can act as a go between for the parties and convince the complaint to dismiss the charges. A DOMESTIC VIOLENCE complainant can be withdrawn or Civil Restraining Order negotiated. However, if a criminal complaint is signed by the police, only the prosecutor can make a motion to dismiss.