Domestic Violence laws in NJ require the police to arrest the perpetrator, when they are called to a domestic violence scene and see you injured. This is not optional, and the police are not family law marriage counselors. Even if you as a ‘victim’ say you do not want the other person arrested, the cops must arrest that person when there is evidence of a crime having been committed. The cops have no choice, and if you do not press charges, they will. So if there is a dispute, maybe a family law counselor would be the appropriate person to call, and not the police, unless of course the dispute escalated and there is fear of a violent act or if violence has already occurred. In addition to being charged with a crime, and it now being part of his or her record, the person will also have a bail set that must be posted before he or she will be released. Once the charges are filed, you do not have the option of having the charges dismissed, that is the choice of the prosecutor.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
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