Fort Lee police recently charged New York Mets pitcher Jeurys Familia with simple assault following an alleged incident of domestic violence with his wife. According to law enforcement, the case is scheduled to return to court on December 15, 2016. By that time, prosecutors will likely have determined whether to further pursue the matter against Familia. A 911 call placed on October 31, 2016 indicated that Familia was “drunk” and “going crazy.” Moreover, according to the police report, Familia’s wife had visible injuries of a bruise to her cheek and a scratch on her chest.
This particular case is being handled in the municipal court where the alleged incident took place. There is no indication that Familia’s wife filed for a restraining order. In fact, according to media reports, Familia and his wife left the most recent court proceeding holding hands. However, under the terms of the New Jersey Prevention of Domestic Violence Act, Familia’s wife could possibly have obtained a temporary restraining order against Familia as a result of the alleged simple assault. The NJ Prevention of Domestic Violence Act sets forth 18 predicate acts of domestic violence that permit a court to enter a temporary restraining order: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury. N.J.S.A. 2C:25-19 (1) through (18).
Domestic Violence Lawyers in Fort Lee NJ
Familia is charged with simple assault, which constitutes an act of domestic violence. Pursuant to the New Jersey Criminal Code, “a person is guilty of simple assault if he: 1) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or 2) negligently causes bodily injury to another with a deadly weapon; or 3) attempts by physical menace to put another in fear of imminent serious bodily injury. N.J.S.A. 2C:12-1(a). However, even when there is an allegation of an act of domestic violence, the police cannot force the victim to obtain a restraining order against the aggressor. Instead, the victim must determine for themselves whether they want to pursue the protections of a restraining order.
If you or a loved one needs assistance with a domestic violence restraining order or criminal charges arising out of Fort Lee, contact our Bergen County lawyers now for immediate assistance. The initial consultation is always provided free of charge.