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How can I get simple assault charges dismissed against my boyfriend. We had an extremely heated argument and our neighbors call

Vernon, NJ |

the police. He had grabbed me I bruise very easily so there were bruises on my arms. The police arrested him. I didn't file any charges against him. I never wanted him arrested I need help in making this all go away. He has a pretrial conference. If I speak with the prosecutor will he dismiss all the charges?

Attorney Answers 4

  1. It is hard to say if the prosecutor will dismiss the charges as it will be based on the prosecutor's judgement of the specific facts in the case. However, the prosecutor is required to take the victim's input into account when making decisions about the case. The weight of your input may be tempered by the fact that in domestic violence cases the victim recants and does not want to pursue a prosecution.

    In addition, the prosecutor will weigh what type of witness yoiu will be at trial and if he/she believes you will not be a strong witness it will also effect his/her decision. It may at least help to achieve a more favorable bargaining position for your boyfriend. I would definately suggest talking to the prosecutor to letting him/her know your position. You can call the office or show up at the pre-trial conference.

    I would also advise your boyfriend hire an attorney to point out the dificulties the State may have in proving thier case.

  2. There is no guarantee that the prosecutor will drop the charges but if you do not want to go forward they may consider dropping the case. However, DV is a serious matter. Your boyfriend needs an attorney immediately.

    Domestic violence tends  to get  worse with
    time.  It usually does not go away on its own. 
    It is important to remember that you are not 
    responsible for the violence,  but  there are
    things  you can do that may help break the
    cycle of violence.
    · Domestic violence is a crime.  If you are
    in  immediate danger,  call the police. 
    They  will inform you about  legal 
    protections and restraining orders.
    · You have the right  to ask  a judge to
    issue a temporary  restraining order
    (TRO)  that  may help  protect  you from
    more abuse by  the person who abused
    you.  A TRO can require that the attacker
    is  temporarily  forbidden from:  (1)
    entering your home,  (2) having contact 
    with you or your relatives, or (3)
    bothering you at work.  A TRO  can say 
    that you have temporary custody of your
    children,  and may include other things 
    the court  can order.  A TRO  can also 
    require the attacker to pay  temporary 
    support  for your children or you, and to
    pay  you back  money  spent  for medical 
    treatment and repairs  because of  the
    violence.  You can get  a TRO  by 
    contacting the police or Family  Part  of 
    Superior  Court  in  your county  during
    business hours.
    · The police are required to file a criminal 
    complaint  against the attacker in some
    cases.  You have the right  to file a
    criminal complaint if the police do not do

    Domestic Violence Services Statewide/National

    New Jersey Coalition for Battered Women

    National Coalition Against Domestic Violence
    800-572-7233 (-SAFE)

    Family Violence Prevention Fund

    American Bar Association Commission on Domestic Violence

    Battered Women’s Justice Project

    National Organization for Women

    End Violence against Women

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: / Email: NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.

  3. Prosecutors and judges are very hesitant to dismiss domestic violence charges, especially where there is visible injury. In your case, the prosecutor could call the neighbors as witnesses and might not even need you to testify. That is his/her right to do. However, many times, if the victim expresses the desire not to proceed, they won't. Nonetheless, anything you or your boyfriend say to the prosecutor can be used as evidence. The best thing is to hire a lawyer and let him deal with it so you are not making your boyfriend's case worse or putting yourself at risk.

  4. He should have an attorney. But yes if you speak to the prosecutor they may impose conditions toward a dismissal. You want to get the charges dismissed so his record can be expunged. (the arrest is on there now). Call with more information.

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