Simple Assault Charges Hoboken NJ
Domestic Violence Assault Lawyers in Jersey City, NJ
Simple Assault
Have you been arrested and charged with simple assault in Hoboken? Were you also served with a temporary restraining order (TRO) which is scheduled for a hearing in the Hudson County Superior Court in Jersey City? We can help.
Restraining Order vs. Criminal Charges in Hoboken, New Jersey
These are two separate and distinct cases that are related. First, the restraining order is civil in nature and is handled in the Superior Court, Family Division in the county in which it was filed. The parties must have been in a dating relationship, resided together, or have a child together for there to be jurisdiction under the Domestic Violence Act. This is scheduled for a hearing before a judge to determine if a final restraining order (FRO) should issue. Final restraining orders in New Jersey are permanent and never expire. They can also cause immigration consequences if the defendant is not a United States citizen.
Simple Assault – Misdemeanor (Disorderly Persons) Criminal Offense
The simple assault charge, on the other hand, is a misdemeanor criminal charge (known as a disorderly persons offense) in New Jersey which will be handled in the local municipal court in the town in which the charge was filed (in this case Hoboken). The defendant is facing up to a $1,000 fine, up to six (6) months in the Hudson County jail, possible probation, and a permanent criminal charge on his record if convicted (which can be expunged in certain cases after 3-5 years).
Here, the defendant and his girlfriend had an argument and she called the police. Basically, they were breaking up and needed to go their separate ways. Luckily, she did not have any injuries from the alleged assault and we were able to negotiate a dismissal of the criminal charge in Hoboken Municipal Court. In addition, we negotiated a civil restraints agreement to settle the restraining order case and the temporary restraining order was dismissed.
This civil restraints agreement is essentially a contact between the parties which is signed and placed on the record. It details how the parties will communicate moving forward (if it all) and it also delineated the division of their personal property.
Based on this agreement, both the restraining order and the simple assault criminal case were dismissed. The client has no criminal record from this event. In addition, he was able to file an expedited expungement to have the arrest for simple assault expunged from his record immediately.
Arrested, Charged Simple Assault Hoboken NJ – Need Lawyer
If you or a loved one was involved in a domestic violence dispute and the police were called, contact us now for immediate assistance at 908-336-5008. The initial consultation is always provided free of charge.
