A panel of New Jersey’s appellate judges recently upheld the conviction and eight-year prison sentence for a former New Jersey man in a domestic violence case. The suspect was convicted of domestic violence assault for beating and strangling his ex-wife at her Glassboro NJ home in 2013. In 2016, the suspect was sentenced to an extended prison term due to his criminal history, which included convictions for drug possession, assault, theft, and burglary. In this case, according to prosecutors, the suspect repeatedly punched his ex-wife in the face and head. He then reportedly dragged her into the bedroom, put both hands around her throat and strangled her. As a result of the attack, the victim suffered several broken bones, vision problems, and permanent nerve damage.
The available information does not indicate whether the victim also obtained a domestic violence restraining order at the time. Given the circumstances, it is likely that the victim would have been able to get a restraining order. Pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et. seq., there are 19 different predicate acts of domestic violence that permit the victim to obtain a restraining order – and assault is one of them. According to the New Jersey Criminal Code, N.J.S.A. 2C:12-1(b), a person is guilty of aggravated assault if he: 1) attempts to cause serious bodily injury to another, or causes such injury purposely or knowingly under circumstances manifesting extreme indifference to the value of human life, or recklessly causes such injury, which is a crime of the second degree; or 2) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon, which is a crime of the third degree; or 3) recklessly causes bodily injury to another with a deadly weapon, which is a crime of the fourth degree; or 4) knowingly under circumstances manifesting extreme indifference to the value of human life points a firearm at or in the direction of another, regardless of whether the actor believes the firearm to be loaded, which is a crime of the fourth degree. Additionally, pursuant to N.J.S.A. 2C:12-1(b)(7), a person who attempts to cause significant bodily injury to another or who causes significant bodily injury, purposely or knowingly, or, who under circumstances manifesting extreme indifference to the value of human life recklessly causes such significant bodily injury, can be charged with a third degree crime.
Thus, in the Glassboro domestic violence assault case, the victim could have applied for a domestic violence restraining order. In order to obtain a temporary restraining order (TRO), a victim of domestic violence can go to either the police department or county superior court where the victim or perpetrator resides or where the alleged domestic violence occurred. Then, after a temporary restraining order is issued, the case will be scheduled for a final restraining order (FRO) hearing. This is a trial where the plaintiff must prove by a preponderance of the evidence that an act of domestic violence occurred and that a final restraining order is necessary to protect the victim or to prevent future acts of domestic violence.
Glassboro NJ Domestic Violence Charges
If you are currently involved in a domestic violence case, either as a plaintiff or as a defendant, the experienced restraining order attorneys at the Tormey Law Firm are available to help you. We have successfully represented clients in restraining order cases on both sides of the courtroom. We’ve helped plaintiffs obtain final restraining orders and we’ve helped defendants get restraining orders dismissed, so we know how to get the job done for you. The bottom line is that the New Jersey domestic violence lawyers at the Tormey Law Firm understand what it takes to win a restraining order case and we are ready to help you today.
