Q: Do domestic violence victims have prosecutor's office handle their case or do they need to hire their own attorney
In NJ if my husband punches my best friend in the face he can be charged by the prosecutor's office with assault and victim will be represented by the prosecutor for free. If he punches me in the face will the prosecutor represent me or will I have to pay for my own attorney?
A: The prosecutor always represents the state, not the victim, but since they are generally on the same side it appears as if they represent the victim. The prosecutor is present in municipal and criminal court, but not in domestic violence court. Thus if your looking for a restraining order etc, you need to hire your own lawyer as no prosecutor will be present.
A:
Thank you for your question. If you are in an abusive relationship and concerned about your personal safety, please call the NJ Domestic Hotline at 1 (800) 572-SAFE (7233) or call 911 if you are in immediate danger. You are able to obtain a temporary restraining order against your abuser through the courts or your local police station (after hours) on your own or with the help of an attorney you hire. Domestic violence matters heard in the family courts do not involve the prosecutor and thus, you will need to obtain your own legal counsel. It is highly recommended to have legal counsel to prepare and present the strongest case possible at the final restraining order hearing. Many family law attorneys offer free consultations. You can meet with one to learn about your rights and options, including pressing criminal charges. If you access a domestic violence agency or shelter, often they will provide victims with some form of legal aid, including access to an attorney. I encourage you to get the help you need.
Kind regards,
Bari Weinberger
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