The South Hackensack Township police commissioner, William Regan, was recently arrested and charged with assaulting his wife.
According to municipal court documents, Regan was charged with simple assault as the result of allegedly grabbing his wife by the arms and pulling her to the ground and causing injury to her arms and knees. Although the case was initially filed in South Hackensack Municipal Court, the matter will be transferred to the Bergen County Prosecutor’s Office to avoid a conflict due to Regan’s role with the South Hackensack police force.
Pursuant to the New Jersey Criminal Code, N.J.S.A. 2C:12-1(a), a person is guilty of simple assault if they: 1) attempt to cause or purposefully, knowingly or recklessly causes bodily injury to another; or 2) negligently cause bodily injury to another with a deadly weapon; or 3) attempt by physical menace to put another in fear of imminent serious bodily injury. Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense. A disorderly persons offense subjects the offender to up to a $1,000 fine and six months in jail.
Additionally, in these circumstances, the alleged simple assault by the South Hackensack police commissioner could be grounds for Regan’s wife to obtain a temporary restraining order (“TRO”) because she has standing to apply for a restraining order in accordance with the Prevention of Domestic Violence Act (“PDVA”). The PDVA permits only certain people to obtain domestic violence restraining orders: current or former spouses, those with current or past romantic relationships, current or former household members, or those with a child or expected-child in common. In addition to requiring standing, the PDVA, codified in N.J.S.A. 2C:25-19 (1) through (19), requires one of 19 acts of domestic violence to occur in order for a court to issue a TRO: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, cyber-harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury. In this particular case, the available information does not indicate whether Regan’s wife filed for a TRO.
It is important to note that a simple assault case normally is heard in the municipal court where the alleged assault occurred; however, if a domestic violence restraining order is issued, the matter will be heard at the Superior Court, Family Part, in the county where the alleged domestic violence occurred or where one of the parties resides.
Need Lawyer for Domestic Violence Charges in South Hackensack NJ
In any event, if you are charged with simple assault or any crime of domestic violence and you are also served with a TRO, the domestic violence restraining order attorneys at the Tormey Law Firm have handled many dual-aspect cases before and they are ready to fight for you and to defend you against not only the underlying alleged domestic violence offense but also the underlying restraining order. Contact the Tormey Law Firm today to discuss your case.