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  1. #1

    Default Can Cited Issues Also Go Civil Court

    My question involves a marriage in the state of: NJ

    I think I know the answer to this one already but I thought I'd ask the experts before responding:

    My wife has filed an extreme cruelty claim in retaliation for my adultery claim. In it, she makes accusations of a specific crime that I am completely innocent of. She is threatening me regularly of exposing said imaginary crime to give me a criminal record because a criminal lawyer has already agreed to take her case. So these are the questions I want to confirm with you all:

    1) If we go to a court with a lawyer she hired as opposed to a state prosecutor, then it is a civil case, not a criminal one that would leave a record, correct?

    2) If this issue has already been cited in a divorce claim, wouldn't a civil court just kick this back to family court?

    3) If the answers to 1 & 2 are correct, didn't she basically already do that thing she is threatening to do?

    I am not worried at all about going to court over this, but in the interest of reducing litigation time and fees, if all these questions are confirmed, I would like to make one last appeal to her to stop playing games and speed this thing up for the sake of our kids.

  2. #2

    Default Re: Can Cited Issues Also Go Civil Court

    An individual person cannot charge you with a crime -- all an individual can do is contact the police and report what the individual believes to be criminal activity. In response, the police will decide whether to take action, in which circumstance criminal proceedings brought by the state might follow. The state, through a prosecutor employed by the state, would then handle the case against you if that happened.

    An individual cannot file a criminal case against you -- only a civil case.

  3. #3
    Join Date
    Oct 2016
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    4,289

    Default Re: Can Cited Issues Also Go Civil Court

    Quote Quoting AsAmDivorce20
    View Post
    My question involves a marriage in the state of: NJ

    I think I know the answer to this one already but I thought I'd ask the experts before responding:

    My wife has filed an extreme cruelty claim in retaliation for my adultery claim. In it, she makes accusations of a specific crime that I am completely innocent of. She is threatening me regularly of exposing said imaginary crime to give me a criminal record because a criminal lawyer has already agreed to take her case. So these are the questions I want to confirm with you all:

    1) If we go to a court with a lawyer she hired as opposed to a state prosecutor, then it is a civil case, not a criminal one that would leave a record, correct?

    2) If this issue has already been cited in a divorce claim, wouldn't a civil court just kick this back to family court?

    3) If the answers to 1 & 2 are correct, didn't she basically already do that thing she is threatening to do?
    First, there is no reason to start a new thread. You already have a VERY long one.

    You need to understand there are basically two areas of law. Civil (your divorce is being handled there), and criminal (where you would be tried if you are charged by the STATE with a crime).

    1. If the state has not charged you with a crime there is no chance of a criminal record.

    2. A criminal charge could arise from a claim in a divorce case. But the two would be handled completely separately.

    3. If she has made the statement in a court document or in court during your divorce yes she has. I think though she is threatening to report your crime to the police/prosecutor.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,693

    Default Re: Can Cited Issues Also Go Civil Court

    Quote Quoting AsAmDivorce20
    View Post
    My wife has filed an extreme cruelty claim in retaliation for my adultery claim.
    I assume this means that you filed for divorce on the ground of adultery and that she, in her response to your complaint or petition, alleged extreme cruelty by you. Correct?


    Quote Quoting AsAmDivorce20
    View Post
    She is threatening me regularly of exposing said imaginary crime to give me a criminal record because a criminal lawyer has already agreed to take her case.
    That doesn't make a lick of sense. "Criminal lawyer" is a term that typically refers to a lawyer who represents defendants who have been charged with crimes. The only other sensible meaning would be a prosecutor who is employed by the state or county to prosecute crimes. Obviously, your wife would have no need for a criminal defense attorney, and criminal prosecutors do not represent private clients.


    Quote Quoting AsAmDivorce20
    View Post
    1) If we go to a court with a lawyer she hired as opposed to a state prosecutor, then it is a civil case, not a criminal one that would leave a record, correct?
    I assume my comments above are sufficient to explain that this question doesn't make any sense. That said, your wife certainly could file a civil lawsuit against you.


    Quote Quoting AsAmDivorce20
    View Post
    2) If this issue has already been cited in a divorce claim, wouldn't a civil court just kick this back to family court?
    Possibly.


    Quote Quoting AsAmDivorce20
    View Post
    3) If the answers to 1 & 2 are correct, didn't she basically already do that thing she is threatening to do?
    Huh?

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