Legal Question in Family Law in New Jersey

My Husband Does Not Want To Press Charges

My husband and i got into an argument that turned physical. He hit first however i used the broken piece of a chair to hit him in return, several times. He basically ended up calling 911 and when the police arrived, he told them he did not want to press charges. However, after surveying the situation, they placed me under arrest due to the fact that his marks were more visible than mine. They also took pictures of my husbands bruises. I was released later that day on my own recognizance and have no prior record, no arrests, nothing. My husband and i have resolved our issues through counseling and family and just want this whole ugly incident put behind us.

My questions are as follows:

- If i plead not guilty, could this be misconstrued as a lack of remorse on my part?

- My husband has continually maintained that he DOES NOT want to press charges and intends to insist that his wounds were superficial and he was not very hurt. Could this help my case or would he be better off not saying anything at all?

- What are the chances the charges will be dropped and is there ANYTHING i can do to increase the odds?


Asked on 10/02/04, 4:21 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: My Husband Does Not Want To Press Charges

You were charged under the domestic violence guidelines which the police follow. He appeared to

be seriously injured by you; so you were arrested.

You need the services of an attorney because your

husband did not file the criminal complaint; the

policeman did.

You should give me a call.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

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Answered on 10/02/04, 5:00 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: My Husband Does Not Want To Press Charges

Perhaps your spouse can inquire with the prosecutor's office as to whether their office plans to go forward with the charges. Your spouse can also advise the assistant prosecutor that you have gone through counseling, and you are no longer violent towards one another.

AMW

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Answered on 10/02/04, 10:21 pm


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