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The short answer is yes.In New Jersey there are 14 different crimes that can result in domestic violence. They run the gamut from assault, harassment, terroristic threats, trespass, to murder. In the criminal contex, your abuser is charged with a crime. It is the State of New Jersey who brings the case against your abuser and the prosecutor is the attorney who takes the abuser to court, typically not the victim. In some circumstances, the prosecutor can choose to proceed with the case against your abuser even if you don’t want to “press charges.” That is more often the case, when the officer has witnesses some of the abuse first hand. For example, if your boyfriend was hitting you even after the police appeared at the scene. The prosecutor will not need your assistance since the officer can testify as to what he or she saw. The prosecutor can also subpoena you and attempt to force you testify at trial. If you choose not to testify, you can be found in contempt of court. It is truly the exception when the prosecutor will subpoena the victim who doesn’t want to testify against the abuser.
Unlike a civil case like a restraining order, if convicted the abuser faces jail and fines.
An Immigrant’s Guide to Municipal Court Here I discuss what happens if you get arrested by Immigration Customs Enforcement, what you need to know to get out of custody, and what to expect if you are placed in removal hearings. I also explain the municipal court process and how a municipal court matter can result in your being placed into removal proceedings.
If you have questions, we have answers.
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We help victims of domestic violence, one trial at a time.