FEDERAL CRIMINAL LAWYERS

Charged With Domestic Assault in Hunterdon County

You got charged with assault against a domestic violence victim last week in Hunterdon County, maybe after you were arrested following a domestic dispute and a temporary restraining order was issued immediately the same night, or you’re charged with simple assault and have an FRO hearing scheduled at Family Court in Flemington in ten days, or this was a mutual combat situation where both of you hit each other but only you got arrested, or you acted in self-defense but got charged anyway, or the alleged victim is exaggerating what was actually minor contact during an argument. You don’t understand that the assault charge triggers both a criminal prosecution for the assault AND a separate restraining order proceeding—you thought it was just one case but you’re facing two completely different court proceedings with different judges, different standards, and different consequences. You don’t know if you’re facing disorderly persons simple assault carrying up to six months in county jail or aggravated assault carrying years in state prison. You don’t understand that the TRO was issued automatically when you were arrested without any hearing, and now you can’t return to your home, can’t contact the alleged victim, and had to surrender your firearms within 24 hours. You’re concerned about the no-contact order affecting your ability to see your children or access your home, and you don’t understand that there are two separate proceedings—the criminal case with its beyond reasonable doubt burden and the FRO hearing with its lower preponderance of evidence burden.

The answer depends on multiple factors including your mental state when the incident occurred—whether you acted purposely with conscious objective to cause injury, knowingly with awareness injury would result, or recklessly with conscious disregard of substantial risk—and whether you acted in lawful self-defense, whether this was mutual combat where both parties were aggressors, and the critical difference in burden of proof between the two proceedings. Simple assault as a disorderly persons offense under N.J.S.A. 2C:12-1a carries up to six months in county jail and a $1,000 fine under N.J.S.A. 2C:43-8, while aggravated assault if serious bodily injury occurred carries up to five years in state prison. The criminal case is handled in municipal court for simple assault or at Hunterdon County Superior Court in Flemington for aggravated assault, prosecuted by the Hunterdon County Prosecutor’s Office, with the prosecution required to prove guilt beyond reasonable doubt. The separate FRO proceeding occurs at Hunterdon County Family Court in Flemington where the alleged victim must prove by preponderance of evidence—meaning more likely than not, roughly 51% certainty—that you committed the assault AND that a restraining order is necessary for their protection. You can be acquitted in the criminal case but still have an FRO issued against you, or conversely be convicted criminally but have the FRO application denied—they’re truly independent proceedings with different standards and different outcomes.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from the Elisabeth Haub School of Law at Pace University in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial. During law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case that was featured in a Netflix special series released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients charged with domestic assault in Hunterdon County including defending criminal prosecutions at municipal courts in Flemington, Readington, Clinton, and Raritan Township and at Superior Court in Flemington, as well as FRO hearings at Family Court, and we’ve achieved many, many successful outcomes including criminal acquittals demonstrating the assault didn’t occur or was self-defense, FRO applications being denied after proving protection wasn’t necessary, criminal charges being dismissed or downgraded, and successful challenges to TROs before the FRO hearing. If you’re reaching out to us—we understand the stakes you’re facing.

Two Separate Proceedings and Mandatory Arrest Policies

Understanding that you’re facing two completely independent legal proceedings is critical to mounting an effective defense. The criminal assault prosecution proceeds in municipal court for disorderly persons simple assault or in Superior Court for aggravated assault, where the prosecutor bears the burden of proving beyond a reasonable doubt that you purposely, knowingly, or recklessly caused bodily injury to the alleged victim. The FRO proceeding occurs simultaneously in Family Court where the alleged victim (plaintiff) bears the burden of proving by preponderance of evidence that you committed the assault under N.J.S.A. 2C:25-19 as a predicate act of domestic violence AND that a permanent restraining order is necessary for their future protection. New Jersey’s mandatory arrest policies for domestic violence mean that police are required or strongly encouraged to make an arrest when probable cause exists for a domestic assault, and upon arrest a TRO is issued immediately without any hearing—you cannot return to a shared residence, cannot contact the alleged victim, and must surrender all firearms within 24 hours. The TRO remains in effect until the FRO hearing scheduled within 10 days at Family Court. At the FRO hearing, the alleged victim must prove both elements—assault occurred and protection needed—but even if they prove the assault occurred, the judge may still deny the FRO if protection isn’t necessary. Conversely, you can win the criminal case by raising reasonable doubt but still lose the FRO hearing under the lower preponderance standard, or you can lose the criminal case but win the FRO hearing if the judge finds protection isn’t necessary despite the assault.

Todd Spodek’s Strategic Approach to Domestic Assault Defense

In domestic assault cases, Todd Spodek employs sophisticated defense strategies defending both proceedings simultaneously with coordinated but distinct approaches tailored to each burden of proof. For the criminal case, he challenges whether the prosecution can prove beyond reasonable doubt that you acted purposely, knowingly, or recklessly to cause bodily injury, or whether contact was accidental without the required mental state. He presents self-defense evidence showing you reasonably believed force was necessary to protect yourself from the alleged victim’s unlawful force, that you used proportional force, that you weren’t the initial aggressor, and that you complied with any duty to retreat. He challenges the alleged victim’s credibility by identifying inconsistencies in their testimony, questioning whether they have ulterior motives related to pending custody disputes or divorce proceedings, and presenting evidence that they were actually the initial aggressor. For the separate FRO proceeding, Todd uses the lower preponderance standard strategically—while it’s easier for the plaintiff to meet this burden, Todd focuses heavily on the second required element showing that even if some incident occurred, a permanent restraining order isn’t necessary for protection based on the relationship history, lack of prior domestic violence, and totality of circumstances. He cross-examines the alleged victim about whether they truly fear future violence or whether they’re using the restraining order process to gain advantage in custody or property disputes. In Hunterdon County specifically, Todd has handled domestic assault cases defending criminal prosecutions at municipal courts in Flemington, Readington, Clinton, and Raritan Township and at Superior Court for aggravated assault charges, while simultaneously defending FRO hearings at Family Court in Flemington. His two decades of trial experience in the most serious criminal cases gives him the skills to effectively defend both proceedings, understanding that success in one proceeding doesn’t guarantee success in the other but that coordinated defense strategy maximizes the chances of favorable outcomes in both. The consequences of conviction and FRO issuance are severe—criminal record, jail time, permanent restraining order appearing on background checks, permanent firearms prohibition, impacts on child custody, and violation of the FRO constituting criminal contempt carrying additional jail time—making aggressive coordinated defense of both proceedings essential.

Call 212-300-5196.