A Mercer County Sheriff’s officer was recently arrested for allegedly assaulting his wife.
Around 10:30 p.m. on April 28, 2017, the suspect was placed under arrest at his home when law enforcement received a report of a domestic violence incident. The suspect was subsequently charged with simple assault.
In addition to the criminal charges, the suspect was suspended without pay. According to Mercer County Undersheriff Pedro Medina, the suspect’s suspension from the police force “will stay that way pending the outcome of his case.” Medina further stated, “The whole matter is being handled by the Burlington County Prosecutor’s Office. As far as the sheriff’s office, we did everything that we needed to do as far as follow the whole thing to the letter of the law. Now, it’s really up to the Burlington County Prosecutor’s Office to take action in terms of what they need to do with that case.” However, a spokesman for the Burlington County Prosecutor’s Office indicated that he did not have any information on the arrest and that because the simple assault charge is not indictable, the case will likely be handled by local prosecutors in municipal court, not superior court.
According to N.J.S.A. 2C:12-1(a) a person is guilty of simple assault if he attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another; or negligently causes bodily injury to another with a deadly weapon; or attempts by physical menace to put another in fear of imminent serious bodily injury. As set forth by the statute, 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. In addition to the potential criminal consequences of committing simple assault, the offense is one of 19 predicate acts of domestic violence that permit the victim to obtain a temporary restraining order (TRO) under the Prevention of Domestic Violence Act of 1991. N.J.S.A. 2C:25-19(a)(2).
In order for a victim of an assault to get a temporary restraining order in New Jersey, the victim may go to the New Jersey Superior Court, Family Part, during regular court hours in the county where either party resides or where the alleged act of domestic violence occurred. During nights, weekends, or holidays, a victim of domestic violence can go to the police department to file for a restraining order. Then, if a TRO is granted either in Family Court or at the police department after a telephonic hearing with judge, a final restraining order (FRO) hearing will be scheduled within 10 days. Both parties will be required to appear in Family Court to determine whether the temporary restraining order will become permanent.
Assault Charges, Need Lawyer Mercer County NJ
If you are involved with a domestic violence situation in New Jersey, either as the victim or as the alleged perpetrator, the experienced restraining order attorneys at the Tormey Law Firm are available to explain the consequence of a final restraining order in New Jersey, what it takes to get a final restraining order, and what to expect during a final restraining order hearing.
