My question involves criminal law for the state of: New Jersey
I am male and has been a victim of domestic violence. I am going to try and make this as short and to the point. The last incident occured about a month ago when my childs mother/live-in girlfriend was arrested and charged with simple assault, possession of a weapon for unlawful purpose and terroristic threats set at $5,000 bail. She held me in my house refusing to let me leave by blocking the exit and taking the key to my car. I tried to leave by walking at one point but my 7 year old child ran out screaming crying begging me not to leave because of his fear for her. She then came outside and grabbed a tree branch again not letting me leave. At this point I couldn't leave if I wanted to because of the fear of saftey for my child. This arguement between us went on for about 7 hours. Many times during this arguement she grabbed knifes threating to harm me and herself. At one point standing over me telling me she would hurt me like I hurt her and other times holding the knife to her arm threating to kill herself. This was all done in front of our child and he was the one who eventually got her cell phone and called 911. I was punched, burned with a cigarette, bitten, and scratched. None of my injuries were witnessed on the report by officers and she didn't have any. In the police report she admits to grabbing knifes with no intent to harm but just threating me.
After her being removed by the police her parents immediatley posted her bail then drove her back to our house. We also have a friend who lives with us who wasn't at the house all day but returned before her getting released from custody. When she came back she spit in my face and was still very angry (obviously). Our roommate went outside and called the police to remove her so she went after him. He claims that she punched him in the face but they weren't any marks and he only filed a complaint without pressing charges. The police told her she had to leave for the night and then her parents took her back to their house with them. I calmed her down and told her it would be ok if she took our child with her to her parents house. They had called the police on her later that night for a reason I'm not fully aware of but she wasn't arrested or charged with anything. I believe another sucide threat but again I'm not certian.
The next morning she was again driven to our house by her parents and they said they did it because she was threating to walk to my house with my son. They reside about 15 miles away from my house. I was just waking up when she came back and was getting ready to file a tro against her for actions she commited the night prior. She tried again not to let me leave. She put a cigaretee out on her hand and threating to throw her self down the stairs. This time I called the police. After there arrival they told me this was her residence also and she didn't commit any crimes that they could identify besides my hear say so she didn't have to leave and they couldn't arrest her. My son then told the officers she said she was going to throw herself down the stairs. They then advised me to take my son and leave and they were going to call for her to be transported to a hospital for evaluation. About two years prior she was sent to crisis centers on two differnt occasions for similar domestic violences against me but was released immediatly after evaluation. I never pressed charges on her for these charges but did make signed statements. This time she was commited for ten days and I later found out in our final restraining order hearing diagnosed with a mental illness. She didn't disclose what mental illness this was.
After her release from the hospital we had our hearing for my final restraining order and it was granted to me. During this hearing she was very calm and stated she had a mental break down, didn't remember threating me while holding a knife and said anything she did was self-defense. Of course the judge seen an immediate danger that domestic violence had occured so my fro was granted. She also had to attend anger management courses and more pshcoligical exams with reports turned over to the court. Then I later found out four days prior to this hearing she filed simple assualt charges against me stating I choked her and squezzed her ribs so hard she was unable to breathe. These charges are still pending against me.
About two weeks after my final restraining order hearing she went and filed a tro against me. During this hearing the judge denied her request for a fro and found her not to be creditable for anything she said because she admitted to not remebering everything as it happened exactly, being intoxicated during one of the instances and having being diagnosed with a mental illness and without her medicine "can act like a loonatic". The judge found no reason to doubt any of my testmony and found no reason for me to present any fear of danger to her.
She has one previous 5th degree felony conviction for consperiacy and intent to distribute 100 ectacy pills which is nine years old. she was sentenced to three years probation for this. Two years ago found guilty of marijuana possession under 50 grams.
Now for my questions. I want her to be held accountable for her actions because she has gotten away with this too many times. But I dont want my son to have to testify against his mother. I fear she will resent him for it. Will the prosecuters make him testify? This is her first DV assualt charge so do you think any of these charges will hold up in superior court and not get dropped to municpal court? Not that I'm trying to get vengence on I her but want her to completely understand the severity of these crimes especially since they were committed in front of our child.
I understand any answers to this post is not legal advise. Please tell me what your opinions are of the outcome of her trial and any suggestions for me would also be greatly appreciated.