Sex Crimes Video FAQs
- 1 Domestic Violence
- 1.1 I was Arrested for Domestic Violence and Given a Temporary Restraining Order. What is the Procedure in NJ?
- 1.2 I Have a Final Restraining Order Hearing, What Should I Expect?
- 1.3 I was Charged with a Simple Assault in NJ, What am I Facing?
- 1.4 What do I Need to Know If I was Charged with Aggravated Assault in NJ?
I was Arrested for Domestic Violence and Given a Temporary Restraining Order. What is the Procedure in NJ?
That person goes down to the police department and makes application before the municipal court judge indicating the facts of why they would need to have these restraints against you.
- The alleged victim must come into court and testify as to what occurred and why it is that they want that restraining order and we have the ability to defend against those accusations.
- There must be proof that there was a predicate action, and proof that the individual is in danger.
- In a simple assault, there is generally an alleged victim and a defendant.
- Sometimes the lines between who the victim and who the defendant are completely blurred.
- If the only witnesses to this event were you or the other person, that there are possible ways of essentially signing a charge against that other person for a simple assault.
- If there are no witnesses to the incident, the both of you can decide against testifying and acknowledge your fifth amendment rights not to testify.
- Aggravated sexual assault is one of the most serious offenses on the books in New Jersey.
- If you are convicted of an aggravated sexual assault you are looking at a minimum of ten to twenty years in state prison.
- You must serve 85% of that sentence before you are eligible for parole.
- You will also be placed on Megan’s Law, and you will be subject to parole supervision for life.
- You do not have the ability to make an application to come off of parole supervision for life after fifteen years.
- The prosecutor’s office is required to prove each and every element of that offense before you can be found guilty.