A Morris County man who reportedly called 911 in March and said that he was going to kill his wife and three children was recently released from custody after having spent two months in a psychiatric hospital.
The Parsippany man dialed 911 from the Travelodge on Route 46 and allegedly stated that he would kill his wife and children. Law enforcement quickly responded and the Morris County Sheriff’s Emergency Response Team was able to enter the building and take the man into custody. According to court records, the man’s wife had also called 911 to advise that he had a knife and was filling the bathtub to drown the children. As a result, the man was charged with endangering the welfare of children and then treated at Trenton State Psychiatric Hospital before being transferred to the Morris County Jail.
Pursuant to the new bail guidelines, a public a safety assessment determined that the man could be released on his own recognizance, with certain conditions. At the release hearing, the prosecutor argued that the man should have no contact with his wife and children; however, the man’s defense attorney noted that the wife had not sought a temporary restraining order (TRO) and that she wanted contact with her husband. The judge determined that the mental health professionals who treated the man should provide an opinion before any decision is made.
This case exemplifies the difference between domestic violence cases in criminal court and domestic violence cases in civil court. In New Jersey, criminal charges may result in no contact orders for the victims, separate and apart from any temporary restraining order or final restraining order (FRO) obtained in civil court. The key distinction is that criminal matters are handled in either municipal court or the criminal part of superior court and a prosecutor will present the case on behalf of the State. By contrast, any restraining order case is heard in the family part of the superior court and the plaintiff presents the case. In other words, once a criminal case is filed, the victim has some input but does not have the ultimate say about how the case is handled, what conditions may be placed upon the defendant, or how the case is ultimately resolved. However, when it comes to filing for a temporary restraining order in family court, the victim is the only person who can make that decision.
According to N.J.S.A. 2C:25-19(d), a victim of domestic violence is any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member; any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common if one of the parties is pregnant; and any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
No Contact Order on a Criminal Case Morris County NJ
If you or a loved one is involved in a domestic violence relationship or has been accused of perpetrating domestic violence, the restraining order attorneys at the Tormey Law Firm are ready to help. We have handled domestic violence cases for both plaintiffs and defendants and know what it takes to handle either side of temporary restraining order and final restraining order cases.