Legal Question in Family Law in New Jersey
domestic violence/divorce
Yesterday afternoon we went out for a walk. I walked in front of her about 1~2 feet. She kicked me from back between my legs. She does not allow me walk in front of her. I murmured ''bastard'', then trigger a chain reaction of cursing me and my family.
I went back home and started to fix dinner, she dragged me at collar and my hair to our bedroom. We spent about 40 minutes to wrestling and fighting.
After dinner, I laid on couch in the livingroom and fell asleep. She sat on my belle and woke me up, again she dragged me to the bedroom. I laid on the bed, she asked me to find a medicine for her. I put a box of medicines in the front of her, then climbed on the bed and continue to sleep. She raised the medicine box and stroke it on my body. I felt there was sth falling and threw my right fist back to protect myself, but punch her lower left eye, causing visible sign of injury.
She called 911 and I was arrested. She asked a friend to bail me out this morning.
(1)I will plead not guilty, what is the chance of winning the case?
(2)we've been fighting for 3.5 yrs, I really want a divorce, any shortcut? She is not willing to divorce.
(3)If I win the case, how to remove the fingerprint in the record?
best regards,
2 Answers from Attorneys
Re: domestic violence/divorce
You can win the case. Additionally, you should consider filing counter domestic violence complaint and a counter criminal complaint for assault.
If you want a divorce the Court will grant you one. New Jersey is not a state in which an effort is made to
make divorce difficult.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: domestic violence/divorce
While I think your case can be won, it is not easy to do and you need an attorney than handles many of these types of cases. Even if she decides to drop the charges, the local prosecutor probably won't allow her to as it is usually the cop that presses the charges. There are so many people that press DV charges and later drop them that they want to put a stop to that and they will go so far as to charge her with crimes if she tries to back out.
If you have the funds to fight this, you need to fight this. You have the right idea to get a divorce. You have to hit this thing with everything you got and then get divorced. After you win, I can handle getting the arrest removed from your record.
My initial consultations are always free so call me at 732/247/3340 to discuss your case. I'll be in my office all day tommorow doing trial prep if you'd like to meet to discuss it.
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