Legal Question in Family Law in New Jersey

Domestic Violence Complaint

Do I need an attorney to represent me in Court when a Complaint was filed against me (11 days), after I initially filed for a TRO? Husband assaulted me on 12/25 after excessive drinking and I took keys to car to prevent driving. Threathened me so I got phone for protection and he slapped it out of my hands and I warned him not to touch me, he then dragged me down hallway & choke me in front of children & 14 yr old called 911. I bite his finger in process as I feared for my life. He filed complaint for biting him in violation of N.J.S. 2C:12-1A. What am I facing? Do I need attorney? Yesterday he also filed cross TRO against me turning story around. (side note heavy drinking involved that day by husband (1) 12 pk & (1) 6 pk) not that it would be considered by the Court. He has counsel in this matter for fear of a criminal record. Any help is greatly appreciate.

Warm regards.


Asked on 1/22/09, 11:42 am

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Domestic Violence Complaint

You need a lawyer. Please please go get one.

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Answered on 1/22/09, 11:46 am
Robert Gleaner Robert A. Gleaner, P.C.

Re: Domestic Violence Complaint

Recognize that (rightfully so) you are only looking at the facts from your own perspective. When you walk into the Courtroom, the Judge knows nothing about the case or the parties, and everyone is on equal footing. Your husband's attorney will be attempting to paint you as the aggressor and, if you do not have an attorney, it may be very difficult for you to negate that picture. The charge against you is a serious one. It appears to be defendable; however, you should have an attorney to assist you in that.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney who is familiar with the Domestic Violence laws. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 1/22/09, 11:47 am


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