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  1. #1
    Join Date
    Jun 2009
    Posts
    4

    Default Domestic Violence in New Jersey

    My question involves criminal law for the state of: NJ

    First, forgive me for my poor english, I am brazilian and my husband is american, we've been together for 3 yrs.
    My husband is an alcoholic. He had drunk too much when I beged him to stop. As he did not I turned the power down of his workshop, holping that would bring him inside the house. He did not come in and I went back there. We had an argument at the door where, of course, he called me all kinds of names. He went back inside the workshop (still with no lights) and I forced myself inside! I jumped in the dark reaching for his little fridge, got some of the Vodka and beer he had inside and tried to run away. As I was on my knee making my movement to get up he punched me on the face causing to bruise. The police came and because of the bruise they took him. He did not have to stay at the Police or pay for any bail. I made the statment that the Police asked me and said exactly what I wrote here.
    He was called to Court and he plead not guilty, we were called to go again in 2 wks. I've been asking him to hire an attorney, because he said that they will put him in jail for 6 months and because of this he will never be able to get another job thru the electrician's union, but he is not mentally here.. all he does is go to work and drink.
    His family has been asking me to talk to the Prosecutor and ask if would be possible to request instead jail or money if he could ask for Rehab.
    I don't know what to do... do I get a Lawyer for him and ask him also about the Rehab or just ask the Prosecutor?
    Thanks

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Domestic Violence - New Jersey

    Did the judge put a restraining order on your husband?

    If so, you shouldn't be talking to him at all about anything.

  3. #3
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Domestic Violence in New Jersey

    No, we still live in same house... I was just away for 2 nights untill he got calmer.

  4. #4
    Join Date
    Jun 2009
    Posts
    5

    Default Re: Domestic Violence in New Jersey

    I'm not sure about NJ law but most batterers in CA are required to take a 52 wk batterers class to avoid jail time. They might also be placed on probation and have to pay a fine. It depends on the severity of his charge as well. Jail time might be inevitable. However, some cases do go to a preliminary hearing where you will be required to testify as a witness, since you are the victim. Usually they come up with a plea bargain so he can avoid jail time, as the jails are overcrowded. Worst case scenario he will do jail time.

    Also, someone who hits you once, will hit you again. Especially if he abuses alcohol. I have been going through the same thing and alcohol abuse intensifies his anger and violent reactions towards you. I would move out, but it is understandable that you go back. Do you have family or friends you could stay with for your safety if he starts becoming violent again?

  5. #5
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Domestic Violence in New Jersey

    Thanks for your help! Yes I have a safe place to go. I was really hoping for the Rehab...

  6. #6

    Default Re: Domestic Violence in New Jersey

    Quote Quoting HelpcaseNJ
    View Post
    Thanks for your help! Yes I have a safe place to go. I was really hoping for the Rehab...
    People who don't GET rehab until a court orders them to have a dismal success rate. Either someone knows they have a problem and they WANT to address it, or they don't. A court can't change that at a fundamental level.

  7. #7
    Join Date
    Jun 2009
    Posts
    4

    Default Re: Domestic Violence in New Jersey

    Yes... I know that Rehab only works for those who made the choice... He will ask to change the charges to a parking ticket (this is what he told me) in order to do not have this in his background check for work.

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