Legal Question in Criminal Law in New Jersey

Domestic Violence Conviction

My ex spouse accused me of DV and I was found guilty of it in 2006. The process did not involve the State of New Jersey, it was between myself and my ex spouse. I paid a fine of $50 and there were no other penalties imposed (probation, incarceration, community services, etc.) When applying for jobs, the question comes up about if I ever convited of a crime and/or a misdemeanor. Whant type of offense is a DV conviction in NJ and can I answer the above question with a ''NO''?


Asked on 7/05/09, 3:31 pm

4 Answers from Attorneys
Kenneth Vercammen,Esq. Kenneth Vercammen

Re: Domestic Violence Conviction

New Jersey domestic violence laws are very strict. If there any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order.

We recommend you hire an attorney for this serious matter.

To read entire article, go to

http://www.njlaws.com/domestic_violence_in_new_jersey.htm

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Answered on 7/06/09, 1:07 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Domestic Violence Conviction

I am 99% sure that you had a TRO/FRO hearing. You were not convicted of anything but a court entered a FRO against you. I doubt this will come up on many job applications but it will follow you for life until she drops it or you get a court to vacate it. If you want it vacated, give me a call.

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Answered on 7/05/09, 5:09 pm
david bildner bildner law firm

Re: Domestic Violence Conviction

from what you are describing, you probably don't have a criminal conviction, but there are legal consequeences to having this on your record. You should speak with a lawyer about getting rid of it. Call me if you would like to discuss it further at 877*688*3879.

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Answered on 7/06/09, 12:17 am

Re: Domestic Violence Conviction

If it was a municipal summons, it is not a felony.

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Answered on 7/07/09, 11:28 am


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