Legal Question in Criminal Law in New Jersey

Statue of Limitations on Assault and Battery by Family Member

In 1992, my brother punched me in the face and gave me a black eye. Recently, he has been making vague threats against myself and other family members. I am considering filing a restraining order against him as well as a complaint against him for this previous assault and battery, is it too late? What is the statue of limitations in New Jersey, USA?


Asked on 4/05/03, 7:27 pm

2 Answers from Attorneys
Savyon Grant Law Office of Savy Grant

Re: Statue of Limitations on Assault and Battery by Family Member

The restraining order may not be sustained based on injuries from 8 years ago. If you feel that you are in danger now, based on his actions today, you may get a restraining order.

I will be happy to discuss this with you further, I can be reached at 201-646-9600.

Savy Grant

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Answered on 4/05/03, 7:29 pm
John Pinho John Pinho

Re: Statue of Limitations on Assault and Battery by Family Member

An Assault Charge has a one year statutue of limitations in New JErsey. It's too late to file a Criminal Charge against your brother. If however he continues to harass you or a family member, call the local police and file a report or if you feel strongly about the abuse advise the police that you want to file a complaint against your brother. Make sure that you're serious about pursuing the claim because if you file it and then do not follow through, it may make your situation worse with your brother.

Good Luck. Remember call the police if he threatens you or your family member. The police have experience in dealing with these types of matters.

John M. Pinho

www.DaSilvaPinho.com

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Answered on 4/05/03, 9:45 pm


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