Newark, NJ asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey

Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Criminal Law Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't done, does not mean the trier of fact disagrees. Especially in a case of he said she said. Your best chance is to retain an experienced attorney.

James P. Brady agrees with this answer

Richard Diamond
Richard Diamond
Answered
  • Domestic Violence Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: On the return date of the domestic violence matter, the person filing the complaint testifies as to all or some of the allegations in her domestic violence complaint. Your counsel then has the right to cross examiner her on the credibility of her claims. After she has presented her case, you then have the right to testify and present your proofs to show that the testimony presented against you did not occur or did not rise to the level to constitute a violation of the domestic violence statute. The judge then makes credibility findings as to both sides and he then decides whether she has met her "burden of proof". For a finding of domestic violence, the burden of proof standard is low since it is not a criminal matter s- my suggestion is that you meet with a lawyer experienced in handling domestic violence trial work to represent you.

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