Q: My husband and I got into a dispute.Called the cops and he was charged w/ simple assault in NJ.What happens at hearing?

A: You called the police and as a result of what you told the officers, your husband was criminally charged with simple assault. As a result of what occurred on that occasion, the police also asked you whether you want to file a domestic violence complaint against him - did you obtain a domestic violence temporary restraining order against your husband? If so, there are 2 separate and distinct matters pending in 2 separate court systems.

If you filed a domestic violence complaint, then you have a return date before a superior court judge where you will be asked whether you wish to proceed with a trial for purposes of obtaining a domestic violence final restraining order barring all contact from him or whether you wish to dismiss the complaint and the protections provided by the order. If the matter is tried in front of the judge, he will then rule on the claims and decide whether you are entitled to a final restraining order.

As to the criminal assault matter, that proceeding is handled by a different court and the penalties are different as well. As to the penalties, my suggestion is that you speak with a criminal law attorney about the consequences of a guilty plea or finding by the court.

A: If you husband was charged with simple assault against you, you will probably be called by the prosecution to be a witness against him. Your husband will need a criminal defense attorney to defend the charge, you may also want to hire your own attorney to make sure the charges stick or sometimes some of my clients want to have the charges dropped. Either way it is always best to be represented, because the prosecutor is really not your (the victims) attorney even if you are the victim as he represents the state, not you.