Assault is one of the most common reasons that people face criminal charges for domestic violence and restraining orders in Jersey City, NJ. These situations get highly complex and the court proceedings involved have the ability to impact both the alleged victim and the defendant permanently. For example, A Jersey City woman recently went to the hospital after her boyfriend allegedly kicked her and punched her in the face during an argument about money. When you are on either side of a Jersey City domestic violence case involving assault, it is important to find help from a knowledgeable lawyer who practices in the area. The restraining order attorneys at the Tormey Law Firm have successfully represented both plaintiffs and defendants in domestic violence matters. If you are dealing with a restraining order situation in Jersey City, New Jersey as either a plaintiff or defendant, our experienced domestic violence attorneys can explain what it takes to get a final restraining order and what to expect during a final restraining order trial. We can also tell you more about the criminal component of these cases, as we handle those as well. Contact us for a free consultation 24/7.
Aggravated Assault in Jersey City Domestic Violence Case
According to the police, the 48-year-old victim suffered a broken jaw as a result of the altercation that occurred inside the boyfriend’s Ocean Avenue apartment. The police responded to the Jersey City Medical Center after receiving a call regarding an alleged aggravated assault. The victim then reported that her boyfriend physically assaulted her during an argument about money. In addition to suffering the broken jaw, the victim was also reportedly bitten on the leg during the fight. The victim further stated that she did not call to report the incident herself because she did not think the injuries were serious. The victim reportedly planned to go to court after being released from the hospital to file for a temporary restraining order (TRO) against her boyfriend.
Assault is one of the many acts of domestic violence that permit a victim to obtain a temporary restraining order in New Jersey. In fact, according to the Prevention of Domestic Violence Act, there are 19 specific predicate acts of domestic violence that permit a victim to obtain a restraining order pursuant to N.J.S.A. 2C:25-19(a)(2). When it comes to assault as the basis for a restraining order, the New Jersey Criminal Code, N.J.S.A. 2C:12-1(a) establishes that a person is guilty of simple assault by attempting to cause or purposely, knowingly, or recklessly causing bodily injury to another, or negligently causing bodily injury to another with a deadly weapon, or attempting by physical menace to put another in fear of imminent serious bodily injury. Additionally, N.J.S.A. 2C:12-1(b) sets forth that aggravated assault occurs if a person attempts to cause serious or significant bodily injury to another, or causes such injury purposely or knowingly under circumstances manifesting extreme indifference to the value of human life.
In order for a victim of assault to get a temporary restraining order, the victim can go to the New Jersey Superior Court, Family Part, during regular court hours in the county where either party resides or where the alleged domestic violence occurred. During nights, weekends, and holidays, a victim of domestic violence can go to the police department to file for a restraining order. If a TRO is granted, a final restraining order (FRO) hearing will be scheduled within 10 days and both parties will be required to appear in Family Court.
Want to Know more about Jersey City TROs and FROs based on Domestic Violence Assault?
Contact the team of domestic violence lawyers at our firm for immediate assistance. We are happy to answer the questions you may have about assault allegations in Jersey City and how these cases are processed through the court system when they involve restraining orders and/or criminal prosecution. Please feel free to reach out to us anytime.