Q: How can I get domestic violence charges dropped in NJ?
I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé was arrested and has a court appearance on March 31st. How can I work towards getting these charges dropped, especially since my fiancé wants to support me and testify that this was a misunderstanding?
A: The witness really complicates things, but the best way to make sure he gets the best result is to make sure both of you have attorneys. I know you may say only he needs an attorney but this is a false premise, as many people think the prosecutor represents the victim but they don't. The prosecutor represent the state aka the police and therefore wants the charges to proceed even if you want them dropped. Thus the victim, if they want the case dropped should always hire their own attorney. I suggest that you setup one of the free in office consultations that most of us criminal lawyers offer if you want this person to have the best chance of a dismissal.
A: What you need to do is retain an experienced matrimonial attorney with extensive domestic trial experience for the domestic violence trial because the Court takes this very seriously. For any criminal charges, you would need to retain a very experienced criminal defense attorney and I can recommend one to you. You would have to meet the criminal defense attorney in his office, but I can have a consultation with you either virtually or in person.In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on AVVO all-time nationwide. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.
A:
It sounds like there may be 2 separate components to your inquiry.
The first is the domestic violence matter which will have a return date before a superior court judge. In the complaint ( several pages back), it will list the return date. If your fiancé wants to dismiss the dv complaint, she can reach out to the superior court domestic violence intake office and let them know of her plans to dismiss the matter and they will send her paperwork to fill out.
But, separately, if the police were called out, there probably was also a criminal charge brought against you if there was any claim of assault or threat of violence. That is separate from the dv complaint and is handled through the local muni court or through the county prosecutor's office and would have had a separate complaint issued.
Dismissal of the dv complaint does not resolve the criminal complaint matter. That matter will require a separate conversation with the muni / county prosecutor handling the matter.
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