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Abused wife but acused by husband in NJ.

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  • Abused wife but acused by husband in NJ.

    A very good friend along with her abusive husband were both charged by her local NJ police department with abuse under NJ 2C:12-1A (1).

    After he punched her in the mouth and she screamed that he had broken her tooth and she was going to call the police, he ran upstairs and he called them. Subsequently they both were taken to the police station and the above abuse charge was filed against them both, without even asking her what happened nor if she needed medical treatment, though her mouth was bloody. Of course he told them that she punched him.

    The next day she applied for and received a TRO in county court.

    A week later they both appeared at a court hearing, both said that they didn't want to file charges against the other but the judge gave them a further court date.

    Ten days later a judge in county court heard his & her stories and issued a PRO against him. However, since she is still charged by "the system" under the above statute, she is very worried about what will happen at the future court date. She has been told various versions of what "can" happen in that court and so the concern. She feels unfairly treated by the police and fears that things can go badly for her in the local court even though she has evidence of damage to her on that evening as well as damage from prior unreported incidents.

    He broke her computer, she really doesn't have funds to contact a lawyer and, as she is Korean, her vocab. doesn't extend to many of the legal terms she is hearing, so I'm trying to gather information and provide a clear explanation of the situation. So far I have been successful in getting some limited information on NJ law relating to domestic violence.

    Can you provide secific information on the possible penalties or a link to a source of such information? The issue here is does she "need" to seek legal council on this matter.

    Also, the local police seem reluctant to deal with his phone calls to her in violation of the TRO and even the PRO, though both forbad any contact with her. She has phone records of calls under the TRO but only "unknown" source calls under the PRO. What specific action can she take in terms of forms to be filed to bring appropriate action?
    Last edited by 65Z01; 06-04-2005, 10:43 PM.

  • #2
    She needs to obtain legal counsel who can seek dismissal of the charges against her. It should be a matter of filing paperwork and a hearing and issuance of the TRO on her behalf should aid in this. BUt courts can only rule on what is before them. She could ask for this on her own thru the prosecutor victim assistance advocate or victim assistance section.

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    • #3
      elklaw, thanks much for your response; sorry for the double post.

      I will see her tomorrow and pass along the advice. Hopefully it will lead her to get this very confusing and stressful situation cleared up.

      Thanks again.

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      • #4
        Abused wife but accused by husband in New Jersey

        Everyone knows, the abusive man turns the story around. They become the helpless victim! But, some states now have the law, when there is a domestic violence call, they arrest both people.
        This woman needs to contact the National Coalition Against Domestic Violence. http://www.ncadv.org/
        They will be able help and guide her, especially with the language barrier. Some of the best advise I can give to this woman is, stay strong, have a support network of friends, stay away from the abuser, which means no contact at all.
        When you contact NCADV, find out if you can get this woman a personal advocate, that will advocate for her, when she has to go Court. Best Wishes.

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        • #5
          This should be easy. She need to have a attorney file paper work for her she should have her day in court. When this is all over she should not go back to him and she should file a order against him to keep him away from her. I pray there is no next time, but if there is please don't let him know what you are going to do next. Women do this all the time they talk more than they should.

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          • #6
            This should be easy; get an attorney go to court and never let him hurt you again. You may e-mail me @ [email protected]

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            • #7
              Most states have legal aid, womans shelters, these places will not turn you away. No children great, don't ever talk to that jerk agian. He has your personal property if you call a sherif they can acompany you to the residence for only your personal property. Its worth it to get away yes it is unfair but your health and life are more important than any material itam. you could get charged but as long as you leave you are ok.Get away thats all that matters

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