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  1. #1

    Default Felony Domestic Violence Charges

    My question involves criminal law for the state of: New Jersey. I am charged with 3rd degree felony terroristic threats, false imprisonment, simple assault and vandalism. My public defender isn't concerned about incarceration as it is first offense and I did not give a statement to the police. I am very concerned anyway.

    I was improperly medicated for bipolar disorder and very manic. I was intoxicated as I was trying to take down the mania. I dont recall the incident. Victim and self are both men who had lived together 5 years. This is the first violent offense I've been charged with in my life.

    I genuinely love this man deeply and am terrified of losing him forever and going to jail. My public defender is not concerned about incarceration as there is the presumption of non-incarceration.

    Partner called my mother on phone despite TRO and stated he won't seek permanent restraining order nor attend court hearings, though I know that it is the state who will pursue conviction. He also stated he is unsure if he will try to reconcile our relationship or not, so he is not certain he wants to end our relationship permanently.

    Is there anything I can do to improve my case? I can't afford a lawyer...

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Felony Domestic Violence Charges

    You already have a lawyer - a public defender IS a lawyer. Listen to your attorney and refer questions or concerns to them. You may want to ask what the chances are of a protective order being issued.

    Understand that even if the victim does not want to help, they can be compelled to attend court and testify. The prosecutor and the court understand that some 75% of domestic violence victims back pedal or lie to protect their abuser, so they are prepared for that eventuality if they really want to move forward.

    I am not specifically familiar with NJ law on the matter, but it seems the trend for a first time offender is probation and counseling (and lots of fines and fees). It is also possible - perhaps even likely - that the court will impose a stay away order of some kind upon you.

    Also, if there is currently a TRO upon YOU, and you have your mother or any other party communicate to the victim on your behalf, YOU can go immediately to jail and face additional charges. The VICTIM cannot get in trouble for contacting you, but YOU can get in a heap of trouble for communicating with them. Keep that in mind.

  3. #3

    Default Re: Felony Domestic Violence Charges

    Quote Quoting cdwjava
    View Post
    You already have a lawyer - a public defender IS a lawyer. Listen to your attorney and refer questions or concerns to them. You may want to ask what the chances are of a protective order being issued.

    Understand that even if the victim does not want to help, they can be compelled to attend court and testify. The prosecutor and the court understand that some 75% of domestic violence victims back pedal or lie to protect their abuser, so they are prepared for that eventuality if they really want to move forward.

    I am not specifically familiar with NJ law on the matter, but it seems the trend for a first time offender is probation and counseling (and lots of fines and fees). It is also possible - perhaps even likely - that the court will impose a stay away order of some kind upon you.

    Also, if there is currently a TRO upon YOU, and you have your mother or any other party communicate to the victim on your behalf, YOU can go immediately to jail and face additional charges. The VICTIM cannot get in trouble for contacting you, but YOU can get in a heap of trouble for communicating with them. Keep that in mind.
    Thank you for your prompt and thoughtful reply.

    Partner contacted my mother of his own volition, but I do understand it is illegal for me to communicate with him in any way including via third party. He went to the police and gave a statement the night of alleged incident, and evidence was collected - I allegedly threatened his life with a knife and that was collected.

    I'm horrified by these allegations and the thought that I possibly perpetrated such upon someone I love. I have researched and am aware he can be compelled to testify and that a no contact order can be imposed by the court even if the alleged victim doesn't want it done.

    I will obey what my attorney tells me to do. She thinks I may not even get probation but I find that absurd given the seriousness of the charges. I will ask her about likelihood of no-contact order imposition.

    I've read it's possible such orders can possibly be lifted if victim requests it? I know logically he should probably leave me behind...but it's quite sad as we were extremely happy during much of our relationship and do love one another. I know I need help with mental illness including aggression.

    I wonder if some jurisdictions have programs for offender rehabilitation available which offer the possibility of a reconciliation of the relationship without breaking the law?

    I am going to take responsibility for myself finally regardless, as he has enabled me as an addict and emotionally infantile person and he did so out of a misguided attempt to salve my emotional wounds.

    I don't know how I will pay off fines when I'm unemployed, have no money or assets whatsoever, and will now have a felony record most likely.

    I wonder about the possibility of a first offender program which allows a reduction to misdemeanor only record upon completion? Do such things exist?

    Thank you again for your response. It's eased my mind some regarding the likelihood of incarceration.

  4. #4

    Default Re: Felony Domestic Violence Charges

    Quote Quoting cdwjava
    View Post
    You already have a lawyer - a public defender IS a lawyer. Listen to your attorney and refer questions or concerns to them. You may want to ask what the chances are of a protective order being issued.

    Understand that even if the victim does not want to help, they can be compelled to attend court and testify. The prosecutor and the court understand that some 75% of domestic violence victims back pedal or lie to protect their abuser, so they are prepared for that eventuality if they really want to move forward.

    I am not specifically familiar with NJ law on the matter, but it seems the trend for a first time offender is probation and counseling (and lots of fines and fees). It is also possible - perhaps even likely - that the court will impose a stay away order of some kind upon you.

    Also, if there is currently a TRO upon YOU, and you have your mother or any other party communicate to the victim on your behalf, YOU can go immediately to jail and face additional charges. The VICTIM cannot get in trouble for contacting you, but YOU can get in a heap of trouble for communicating with them. Keep that in mind.
    Are there programs designed for allowance of reconciliation between partners in such cases if I undergo extensive treatment under observation of the courts? We really had such a wonderful connection.

    I know I cant communicate with him in any way including via third party. He called my mother and chatted of his own volition, and says he plans to again after my first hearing, which as I stated he won't attend unless subpoened I've read no-contact orders can sometimes be lifted at victim's request? I'm hoping for reconciliation after intensive treatment.

    A weapon was used during the alleged terroristic threat which was collected as evidence.

    I know he can be compelled to testify by the court. He made a statement to the police already though. If I did what he claims I'm I deserve significant punishment, though I obviously dont want any chance at life ruined. I may have already done that to myself sadly.

    I am not one of those who is playing victim and I want to face who I am and what I've done. With my disabilities life is going to be hell without his support. He is wealthy and has coddled me our entire relationship, and I have brain damage from trying to drink myself to death a few years ago. I doubt the courts will care but hopefully some mercy can be rendered in light of the difficulty I will have paying fines. Still, I know I have misbehaved severely.

    I wonder about programs to reduce felonies to misdemeanors upon completion of intensive treatment?

    Thank you for your prompt and thoughtful response. You've eased my anxiety some regarding the likelihood of incarceration.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Felony Domestic Violence Charges

    I cannot state with any authority what programs are common in New Jersey, nor what programs are available in your jurisdiction. Nationwide, the trend is towards diversion away from custody through counseling but I cannot say that definitely will be an option in your case. Your questions concerning the availability of programs and options should be addressed towards your attorney as he or she can probably advise you as to what is available, and indeedlikely, in your area.

    The felony may be a problem. But, again, I am not familiar with how often these might be dropped to some lesser offense for a first time offender who agrees to enter counseling - or if it is even possible under the law. Another question for your attorney.

    You may want to consider the possibility of counseling to help you cope with the dissolution or temporary separation in your relationship. It may well be that the relationship is currently toxic for whatever reason. A good therapist might best be able to guide you in this regard.

    Remember, heed any and all instructions of the court (that includes any TROs). Don't play games or you could make matters worse.

    Good luck.

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