Legal Question in Criminal Law in New Jersey

My roommate attacked me on Saturday night.

The story goes like this:

It has been a rocky road between us for a bit, but it seemed like it was getting better lately. He invited me out for drinks him and 3 of his friends and I accepted. After a good night, i noticed my bill and my roommate and his friends racked up $70. They left the bar before I did and met them all at the apt.

They were all drinking champagne. I called him out on the bill and he said "whatever". I said "it's not about the money, but I would appreciate it if he told me his was buying drinks". Then i called him out about the champagne, out land lord gave us the bottle to share and he was drinking it without me... After i called him out on that, he got in my face and was chest bumping me. I told him, "back off, I don�t want to start anything, we can talk tomorrow". He continued to chest bump me, and then grabbed my throat and was choking me. i pushed him off me and told him to stop, and again said "leave me alone, i want to go to bed, stay away". he throat choked me again, and pushed him off me again. I asked him one more time to stop and then he hit me.

After he hit me, I defended myself, hit him back, we were wresting around, I pleaded for his friend to get him off me (they just sat and watched). Eventually we finally got broken up.

I said I had enough, went to my room and locked the door. About 5 seconds later, my roommate kicked my door in, and went after me again.

I defended myself again, took his back, and put a choke hold on him. His friend said he was, tapping, he was done, and as soon as I let him go, one of his friends kicked me in the head 3 times, not sure witch friend though... that was the end of the fighting.

I called the cops, filed assault charges agents my roommate, and got a restraining order against my roommate.

So he is out of the house now, and we have a court date on Dec. 15th.

He cannot contact me, there fore he contacted a mutual friend and told him he is going to file a counter suit. Or he will drop everything if I do the same.

I'm worried about wining the case, he has 3 friends that say I threw the 1st punch, and I instigated everything, which are lies.

I have visible damage, black eye, welts on my head, etc.

I need some advice.


Asked on 12/06/10, 9:52 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

You are going to have two different court dates. One for the TRO and one for the criminal charge. If you want a lawyer for the TRO, you'll have to hire one. The prosecutor may represent you for the criminal charge. However, if he files charges against you, the prosecutor may get out of the case due to the cross complaints. Thus, the court may force you to hire an attorney at that point.

Getting an attorney for this could cost some money and if you are a young student, I have to wonder if you have the money to see this through. Feel free to call me at 732/773/2768 to discuss this case in more detail.

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Answered on 12/12/10, 5:47 am


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