New Jersey Family Law Attorney

N.J.S.A. 2C:12-1 JERSEY CITY DEFENSE ATTORNEY

NEW JERSEY DIVORCE LAWYERS
JERSEY CITY DEFENSE ATTORNEYS

Jersey City Criminal Lawyer Santo Artusa and his team represent people in Jersey City and Hoboken who have been charge with: N.J.S.A. 2C:12-1 Simple Assault, Harassment, Loitering  and N.J.S.A. 2C:35-10 Possession of CDS. Some of the cases may be related to domestic violence while others may be between people that simply got into a fight, had drugs in their car, harassed people or are simply falsely accused. We can handle the case either way.

Have you been arrested for simple assault or harassment in Jersey City? Have you been served with a temporary restraining order? If so, we can help. Whether this is your first arrest or tenth, my team and I are willing and able to help you in criminal court. Our experience in the Jersey City Municipal Court and Jersey City Court and other courts throughout the State, has led our clients to obtain positive outcomes and leaving them the ability to move forward with their lives. Jersey City Criminal Defense Attorney Santo Artusa has years of experience regarding domestic violence cases, assaults, criminal mischief, harassment, possession of CDS, restraining orders, burglary, armed robbery, criminal trespass and other criminal matters. If your case is related to a temporary restraining order/domestic violence in Hudson or Bergen County, visit our page Hudson County Restraining Order Defense Attorney.

Assault in New Jersey is defined as:

N.J.S.A. 2C:12-1 Simple Assault– A person is guilty of assault if he attempts to cause or purposely causes bodily injury to another; negligently causes bodily injury to another with a deadly weapon, or attempts by physical menace to put another in fear of imminent serious bodily harm. Bodily injury is defined as physical pain, illness or impairment of physical condition. Assault is one of the crimes that is considered domestic violence under certain circumstances and when someone is seeking a final restraining order. We can help you defend against a restraining order case in Hudson County, New Jersey.

We represent people in both criminal and family court concerning assault charges/domestic violence in Jersey City/Hudson County.  The maximum prison term someone can get for simple assault is: 6 months in jail and $1000 fine. While a criminal court may find you guilty of committing a simple assault, that does not mean if you have a related NJ domestic violence restraining order case that the Judge in the restraining order case will or must issue a final restraining order. In the Temporary Restraining Order Case-FRO case, the domestic violence Judge has more discretion as there are many factors involved in determining whether a final restraining order is needed. One thing to know is that if a final order is given, it can be very hard to dissolve and this can have serious consequences so whether you are charged in criminal court, municipal court or are facing a restraining order, it is important to fight your case.

2C:35-10.  Possession of CDS
In addition to simple assault and other criminal charges, we represent people who have been accused of Possessing CDS (marijuana, cocaine, MDMA, paraphernalia, etc) in Jersey City, Hoboken, Bayonne Municipal Courts, or in the Hudson County Superior Court-we can help defend you against these charges and minimize any penalty you may face or help you get the case dismissed.

In a recent case we had in the Jersey City Municipal Court, our client was accused of assaulting his ex-girlfriend. Our client had a clean record, the parties no longer lived together and we were able to have the case dismissed after finding holes in her story and the lack of reliable evidence. We also successfully had the temporary restraining order in family court vacated as well. Client had a clean record prior to the incident and a clean record after retaining our firm for the criminal defense and restraining order issues.  In this case, the victim wanted to go forward with the complaint but it is very important to know that even if the victim does not want to go forward, the State can still press their case and it is very important to hire a lawyer immediately and remember your right to remain silent.

The first time you go to court is for your arraignment an/or bail hearing. Your attorney will enter a plea of non-guilty and argue for the lowest bail permitted under the state guidelines. Your attorney will also request copies of the discovery which are the documents associated with your case, any videos, etc that the prosecutor must disclose all discovery to the defense attorney. The prosecution must let defense counsel know who they intend to call as witnesses.  If the defense attorney has any discovery that can attack the prosecution’s case, he must provide that to the State.  So for example in another case we had, our client claimed self-defense and that the alleged victim instigated the entire fight by sending him pictures of his ex-girlfriend in seductive clothing in “non-church like poses” over and over again until he got to the point where he felt he had to confront the instigator as they lived on the same block. When we showed these pictures and texts to the prosecution, the charges were downgraded substantially and later dismissed.

While criminal cases require beyond a reasonable doubt to obtain a guilty verdict, a restraining order case requires that the victim prove his or her case with a preponderance of the evidence standard (which is easier to win) but either way, we know how to prepare for either or both cases as the legal procedures involved are very different. When dealing with criminal issues, it is important not to assume anything. Do not assume the police had probable cause, do not assume they had the right to stop and frisk you because you were in the wrong area, do not assume the Judge will side with the Police. Many Judges were criminal defense lawyers and know that nobody is given automatic credibility when on the witness stand. It is your attorney’s job to find out if in fact probable cause was there, to try to recreate the scenario and to question potential witnesses.

A more serious form of assault in New Jersey is:

Aggravated Assault–  A person is guilty of aggravated assault is he attempts to cause serious bodily injury to another; recklessly causes such an injury, knowingly attempts to cause serious bodily injury with a deadly weapon, or commits a simple assault on a policeman, fireman, emergency first aid personnel, or school teacher or official.  These cases are usually dealt with in the Superior Court-Criminal Division rather than municipal because these cases can carry significant penalties including long prison terms.

Hiring an attorney when it comes to your freedom, your ability to see your children and other important matters requires that you think carefully as to who you hire and make sure that the attorney understands the law, understands your circumstances, your case, so that he or she can represent you effectively. Being frugal with your “legal budget” can lead to dire consequences if your freedom and long-term ability to earn is at risk. The devil is in the details and if you and your attorney fail to communicate important aspects of the case, the case could be doomed. If you have a criminal case pending against you or a domestic violence matter in Jersey City or Hoboken, contact my office today on 201-706-7910 for a confidential appointment in our Jersey City Office.

L.T. Lawrence Taylor and Domestic Violence in New Jersey

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EVEN WHEN A DOMESTIC VIOLENCE VICTIM DOES NOT WANT TO PRESS CHARGES, THE STATE MAY DO SO IN NEW JERSEY

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New Jersey Restraining Order Lawyers

Practicing domestic violence and criminal defense in Jersey City/Hudson County opens your eyes. While he does not live in Hudson County, we see similar men go through domestic disputes. Lawrence Taylor, the great, a victim of domestic violence? No way! Yes, men are victims of domestic abuse, regardless of how strong or big they are.  Practicing domestic violence defense in New Jersey has taught me not to judge a book by its cover, you never know who can commit domestic violence or who can be a victim. But that is not what this article is about. While I represent victims and defendants in restraining order cases and domestic violence criminal proceedings, men are often too proud to move forward and press charges or seek a restraining order. Others, feel that it was a single incident and maybe they helped cause the incident itself (this happens for both men and women at times). However, this article is more about the fact that in criminal court concerning: simple assault, harassment, criminal mischief and other domestic violence related charges that even if the victim does not want to press charges, the State of New Jersey may move forward with the complaint and if there are physical signs of abuse, an arrest. For that reason, even if the other side does not want to go forward with the criminal charge, it is very important to hire a domestic violence defense attorney to protect you and your rights. We have successfully represented individuals in domestic violence and restraining order conflicts in Bergen County, Hudson County, Middlesex County, Somerset County, Union County and beyond.

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New Jersey Restraining Order Lawyers

Some people wonder why the State would stick its nose into someone’s business but if you think about it, it does make sense at times. Sometimes victims have been victims for so long that the abuse cycle and fear has overtaken their ability to think clearly or logically in the sense of when someone has crossed the line. Again, there are times when couples simply have a nasty argument and there are times when an argument has gone too far and physical abuse takes place, which should never happen. With that said, even when there is physical abuse, we need to discover how we got there, who instigated, who started the fight, who hit who first. An experience attorney can help bring that out in a case to mitigate the charges against someone in a domestic violence case in New Jersey.

My team and I are experienced New Jersey Domestic Violence Lawyers.
We represent people in every court in New Jersey and are well skilled in defense litigation whether you are Lawrence Taylor’s wife or just another person who was involved in a domestic dispute with their spouse or other person you may be involved with. If you have a case in Hudson, Essex, Bergen or other county in New Jersey for simple assault, a restraining order, violating a restraining order or other criminal or family related case, contact us on 201-706-7910.

DOMESTIC VIOLENCE OR MARITAL ARGUMENT?

New Jersey Domestic Violence Lawyer Santo Artusa and his team have extensive experience in temporary and final restraining order matters in the New Jersey family courts and the New Jersey domestic violence charges in criminal actions that are sometimes filed along with them in New Jersey Superior Court or the Municipal Courts of New Jersey. If you have a restraining order in New Jersey, contact us immediately. Temporary Restraining Orders (TRO) are filed everyday in New Jersey, some with merit, some without. Even violating a temporary restraining order can lead to a violation of a restraining order and criminal charge. The Artusa Law Firm of Jersey City, New Jersey represents people in domestic violence/restraining order cases in New Jersey including but not limited to Passaic County, Bergen County , Middlesex County, Somerset County, Union County, Hudson County, and Essex County.


Union County Domestic Violence and Restraining Order Lawyer
New Jersey Domestic Violence Lawyer

A TRO is granted in an ex-parte fashion where the person seeking the restraining order is not cross-examined and the defendant is not there. This can take place at the police station or at the courthouse. Once the defendant has been served with the temporary restraining order, the court will issue a date for the final hearing to be heard. It is important to contact an attorney a final restraining order can have many implications on your life if granted, working with an attorney who knows when to object to certain testimony and evidence will help your case. Furthermore, working with an attorney that helps the court focus on what is alleged in the actual complaint can be critical. The appellate division has reversed cases where a final restraining order was given where the allegations at the hearing were not included in the complaint violating the defendant’s due process. Our Jersey City defense team at the Artusa Law Firm is skilled in domestic violence defense and prosecution in the New Jersey Family Courts, contact us today for a consultation statewide on 201-706-7910 as we represent individuals in every court in New Jersey. We represent individuals who face temporary and final restraining orders and people who are accused of violating a final restraining order in New Jersey Superior Court. For information about the factors that go into the decision as to whether a final restraining order is needed or not in a New Jersey Court, visit our page on: New Jersey Domestic Violence Attorney and Factors.

Divorce Lawyer
Divorce and Domestic Violence lawyer in New Jersey

DOMESTIC VIOLENCE OR MARITAL DISCORD/MARITAL ARGUMENT?In New Jersey: Another key aspect of a case is trying to prove that the incident or alleged incident was merely a marital argument which every couple can have and not domestic violence or show that the parties have not engaged in a pattern of domestic violence through the course of the relationship. Some litigants bring cases where there spouse calls them names such as, “Bitch” ” Cunt”  “Dirtbag” etc. These words may be inappropriate but these words are on basic television everyday! and unless there is a pattern or rises to another level, we believe it can be defended because it does not rise to the level of domestic violence or for the need of a final restraining order. The essential purpose for an FRO was to prevent immediate harm to person or property, most case today do not fall into that category.

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New Jersey Restraining Order Lawyers

WHAT LED TO THE ARGUMENT?

Furthermore, what led to the argument or incident? Your defense lawyer should be able to solicit these facts from the victim who may seek to try and hide this information from the court to try and portray him or herself as a true victim. Sometimes when people break up or are about to divorce, their emotions take a toll and they say or do things they regret. It is important to show the human side of every client. If you walked in our your spouse or significant other with another person or communicating with someone outside of the relationship, don’t you think its important for the Judge to know what is going on? We do. The thin line of love and hate is no more apparent than in divorce and domestic violence cases. Some things are inexcusable but sometimes they are justified if both parties are arguing back and forth, calling each other names and so forth (or self-defense). Contact us today on 201-706-7910

WHAT OTHER FACTORS ARE CONSIDERED FOR A FINAL RESTRAINING ORDER IN NEW JERSEY?

Lastly, even if the court finds that someone did in fact commit an act of domestic violence, the court must still go through the factors in the case of Silver v. Silver to determine if in fact an FRO is truly needed. Again, the past history between the parties is very important, the current relationship (are they married, do they have kids, are they still connected in some way) are factors that will be used by the court. If you have a temporary restraining order, it is very important to contact an attorney right away because the final hearing is scheduled within 10 days of service or within 10 days of the complaint and you must be ready to defend against it.

CHOOSING THE BEST NEW JERSEY RESTRAINING ORDER LAWYER FOR YOUR CASE

If you have a restraining order case in Hudson, Essex or Bergen County, contact my team at the Artusa Law Firm today on 201-706-7910 for an appointment or phone consultation. We have successfully appeared before Judge Mark Baber, Judge James Paganelli, Judge Criag Harris, Judge Siegal, Judge Mantineo, Judge Ali and other judges who hear domestic violence cases and their criminal components if necessary. For information about all of the legal services we offer visit: Artusa Law Firm of New Jersey. If you would rather email us, fill out our contact form below:

 

For information about where domestic violence restraining orders are heard in New Jersey and where the Artusa Law Firm practices, visit our custom map below:

For directions and information about the Hudson County Superior Court, see below

 

New Jersey Domestic Violence- Spotlight on Criminal Mischief

A recent published case by the New Jersey Appellate Division,  N.T.B. v. D.D.B., the court spent considerable time on if someone who destroys his own property or better yet, marital property is considered criminal mischief with regard to domestic violence. One could argue, how could I be arrested for destroying something that is mine? However, in a divorce or in a relationship, people acquire things  together and just because a marriage is against the ropes or someone is angry does not permit that party to destroy potential marital property. The Defendant argued that he could not be found guilty of committing criminal mischief because it was joint property and not the property of another. The appellate court disagreed with this reasoning. Imagine the breadwinner of the house destroying all of the marital property that is needed to sleep, that is valuable and so forth because the bread winner could simply replace them with his or her money while the party who is dependent could not, that would not be just. During the divorce process, the tension can mount and things could get out of control quickly. It is important to keep the big picture in mind and to know when to walk away from a potentially serious situation that can affect your liberty and custody rights.

Knowing When to Walk Away in Domestic Disputes

Every Couple I know, has fought one way or another, over one thing or another whether it is over finances, infidelity, in-laws, drug and alcohol issues and beyond, people argue, it is part of being a human being. The question is when is it time to walk away? Some times one of the parties need to get up and leave for the short term or leave for good. Some situations can easily rise to the level of no return and that is the last thing anyone needs. If a situation is getting worse and you have expressed your desire to be left alone, to have the person stop contacting you, to stop harassing you or invading your personal space in your home, it may be wise to leave. It could be wise to take a picture of the person who is fighting with you and a picture of yourself especially if you have been hit or physically hurt in anyway. The goal is to be able to walk away before things get violent or arguments happen in front of the children, they do not need to see that.

Domestic Violence includes: harassment, assault, criminal mischief, sexual assault, stalking, terroristic threats, lewdness, criminal trespass, burglary, criminal sexual contact, false imprisonment, kidnapping, criminal restraint, and homicide.

You may be married, you may live together, you may be dating, you may have a child together, either way, when it appears that there is no turning back or you need to protect yourself and seek an attorney to help you through the family law or criminal courts, contact us on 201-706-7910.