"domestic" probelm, where do I stand now???

[ctrmass 0]

The wife and I got in an argument and I spent the night in county lockup.

Where do I stand now? I havent had my court date yet. The few times I've been to traffic court it was a real circus, I dont expect it to have improved much. It's all about the Benjamins.......

There was no "violence" between the wife and , I just got the cuffs. Guns were not involved. The PO's said I was "cooperative and not violent".

I know I probibally wont get a lawyer to answer my questions here, but are my guns and wrights in jeopardy?

The PO's asked my wife if she wanted the guns removed from the home....she didnt. She didnt even want me to get locked up! There was no R.O.

Anyhow...where do I stand? Will I still be able to purchase? (I have 2 rifles on order)

Assuming NJ joins the rest of the nation with a CCW (Yea, I'm an optimist) will I be affected? I have several other ccw's. Will I be able to renew them?

As it sits, I'm looking to move to the free US. Something I've wanted for 30+ years. The way the housing mkt looks, it's not very promising.

The PO's told my wife it wont be a problem....for whatever that's worth.....From the little contact I've had with PO's, they mostly lye for a living.

Sorry if this seems like a stupid question, up until now I've never had any problems with the law.

I cant afford a lawyer right now.

 

TIA

[PK90 3,570]

The wife and I got in an argument and I spent the night in county lockup. What were the charges?

Where do I stand now? Out on bail or ROR? I havent had my court date yet. The few times I've been to traffic court it was a real circus, I dont expect it to have improved much. It's all about the Benjamins.......

There was no "violence" between the wife and , I just got the cuffs. Something is missing. Simple Assault charge? Guns were not involved. The PO's said I was "cooperative and not violent".

I know I probibally wont get a lawyer to answer my questions here, but are my guns and wrights in jeopardy? Your guns should've been taken already.

The PO's asked my wife if she wanted the guns removed from the home....she didnt. She didnt even want me to get locked up! Again, why were you in jail?

Anyhow...where do I stand? You don't. Get on your knees. Will I still be able to purchase? (I have 2 rifles on order) Doubt it.

Assuming NJ joins the rest of the nation with a CCW (Yea, I'm an optimist) will I be affected? I have several other ccw's. Will I be able to renew them?The current ones may be revoke by the DV Court.

As it sits, I'm looking to move to the free US. Something I've wanted for 30+ years. The way the housing mkt looks, it's not very promising. This will haunt you for a long time.

The PO's told my wife it wont be a problem....for whatever that's worth.....

I cant afford a lawyer right now.

 

TIA

Good luck. Domestics suck.

[ctrmass 0]

Dont be overly encouraging....

I believe it was "simple assault".

2C:25-17a (1)

 

I raised my hands in the universal "WTF" gesture and it bumped her head. I told the PO's that "if I wanted to hit her she's be hurt". I'm 6' and 220 lbs, she's 5'6" and 102 lbs.

 

The MIL (of all people) bailed me out. She knows it's all bullshit.

[theRU 33]

So who called the cops?

[ctrmass 0]

my wife.

[autoxnyc 4]

I don't think it'll be a problem unless you're convicted of something. The NJ forms only ask if you've been convicted of a crime, no questions regarding arrests.

[Spartacus99 0]

If your wife is cooperative and you get a lawyer I believe you will be acquitted with no problems concerning gun ownership.

[jeff47 30]

Yes, I would probably consider getting a lawyer, (as much as I hate them) it sounds like you can't afford not to. Once that's on your record it seems that you're pretty much done for.

 

I knew a guy that had something similiar happen, if she didn't want you arrested she shouldn't have called the police, what did she think was going to happen? Hopefully you have a joint account.

 

Good luck.

[Malsua 1,422]

I don't think it'll be a problem unless you're convicted of something. The NJ forms only ask if you've been convicted of a crime, no questions regarding arrests.

 

DVs are "Guilty unless proven innocent which is nearly impossible" thanks to Frank the Zombie.

[KpdPipes 388]

I don't think it'll be a problem unless you're convicted of something. The NJ forms only ask if you've been convicted of a crime, no questions regarding arrests.

 

DVs are "Guilty unless proven innocent which is nearly impossible" thanks to Frank the Zombie.

 

I have yet to see a conviction where the "Victim" did not Want to pursue charges....even in cases where there clearly SHOULD Have been one.

 

As far as the arrest and the

I told the PO's that "if I wanted to hit her she's be hurt". I'm 6' and 220 lbs, she's 5'6" and 102 lbs.

 

if there is ANY Visible Sign of injury, red mark, or even complaint of pain it is a "Shall Arrest" situation. The Ag has given us ZERO discretion when it comes to Domestics.

[theRU 33]

I don't think it'll be a problem unless you're convicted of something. The NJ forms only ask if you've been convicted of a crime, no questions regarding arrests.

 

DVs are "Guilty unless proven innocent which is nearly impossible" thanks to Frank the Zombie.

 

I have yet to see a conviction where the "Victim" did not Want to pursue charges....even in cases where there clearly SHOULD Have been one.

 

As far as the arrest and the

I told the PO's that "if I wanted to hit her she's be hurt". I'm 6' and 220 lbs, she's 5'6" and 102 lbs.

 

if there is ANY Visible Sign of injury, red mark, or even complaint of pain it is a "Shall Arrest" situation. The Ag has given us ZERO discretion when it comes to Domestics.

 

 

Just curious, i always wanted to ask a PO this question... That last part, does it also apply if a man makes a complaint against a women??

[Guest]

You have to throw the wife out, then lock up the guns...LOL...

[LibertyOrDeath 3]

I think the issue that everyones missing is even if the wife doesnt wanna press charges the state automatically takes over from the time she called. The fact that she called alone is enough (was in fear of her husband) for the state DA I'd bet! Basic simple assault with a spouse is still DV. I think we are missing alot of the whole story...it has to be moreto it than you raised your hands in disbelief and accidentally went upside her head, I mean really come on?! In my mind if she called the "Police" she was really scared and you were probably gettin ready to "whip her muthaf*ckin*ss".. :naughty: ..Not good! When it starts getting heated w/me and my wife I'm always the 1ST to LEAVE! Never let it escalate..NEVER! Good luck with that. I'm in agreement w/PK90... I think your future firearm rights are gonna be very limited.

[matty 810]

Whud everybody get sh*tfaced and stupid in Ocean County this weekend???

[The_Matrix 105]

I say again and again, the wife/girlfriend will take away your guns faster than the libtards.

[crazyboy 13]

I think you're phucked. We would like to hear the other two parts of the story.

[Regulator72 80]

Maybe you should post a list of what guns you have, so we could help determine if you should sell them right away or not :drool:

[Edge 6]

Is that a trick question..........

[Danno 127]

Dibs on guns and ammo. Also pics of wife?

[Larain60 1]

This is not legal advice.

 

My understanding is that as pointed out above, even if your wife chooses to drop the charges the prosecutor will likely continue with the case. In many cases once the complaint is signed against you by the police officer, he/she cannot even drop it and its the prosecutors case at that point.

 

You mentioned county lockup. Is that because you dont have local police? Generally indictable offenses are taken to county, and disorderly person cases are taken to the local police station for processing and release OR.

 

In any event assuming you were charged with simple assault, a conviction of that would mean loss of the right to own guns, and also your ccw. I understand you dont have the money for a lawyer, but you need to find it. Chances are, if you get a lawyer, and your wife goes to your court date and talks to the prosecutor, they will be willing to enter an agreement with you (provided the judge agrees and orders it) that you attend anger management, and also may order joint counselling. You at that point will not enter any plea, and instead the case will be held over to another date pending your completion of anger management classes and then dismiss it at that time.

 

Regarding your guns, and purchasing more, you will not pass a background check now. It will come up and you will get a deny.

 

Best case scenario is an outright dismissal of your case, but that may be unlikely as many prosecutors and judges dont want any woman's blood on their hands God forbid they dismiss and a person winds up getting beat to death later. Imagine the headlines.

 

If you work out a deal with the prosecutor, you can probably avoid a conviction but be damn sure to have an attorney there. You are probably looking at $1000-1500.

 

Once all complete and dismissed (hopefully) you are then looking at an expungement of the arrest (you can do that yourself probably forms are online).

 

Re. your guns, Im surprised they werent taken. Dont be surprised if you get an order from the prosecutors office to surrender them pending the outcome of the case. Also hope that they dont make a motion to revoke your FID and forfeiture of your guns. Even if the assault case is resolved, you may still be subjected to FID revocation and gun forfeiture. Again no one wants blood on their hands, and these gun cases are handled by the county prosecutors office (not the municipal prosecutor) so its a different person. The two actions (assault case and gun forfeiture) are mutually exclusive and even if a person overcomes the assault case (by dismissal) they still can have their gun rights stripped and guns forfeited to the state.

 

Sucks, but you can work through it if youre motivated. Good luck to you and your wife.

 

Again get yourself a lawyer, ask your wife (since she didnt take a RO out on you) to consider talking to the prosecutor to drop charges on the day of your hearing, and for the love of God dont be waiving your hands around in anger it takes one hit/tap to push things from argument to arrest.

[Maksim 1,504]

Wow, second similar post that I have read today, in particular, having one on our forum.

 

Get a lawyer.

 

end of story.

 

autoxnyc, the 4473 if i am not mistaken asks for Domestic Violence as well.

 

 

on the high road, or suprlusrifleforum.com, a guy lied about it on 4473 and now has ATF at his door too.

 

until all clears, reconsider the firearms, one bad answer, may screw you more than what you did.

 

Keep in mind, often times, it is not the crime, but it is the concealment of it that gets people into the real big trouble.

[KpdPipes 388]

I don't think it'll be a problem unless you're convicted of something. The NJ forms only ask if you've been convicted of a crime, no questions regarding arrests.

 

DVs are "Guilty unless proven innocent which is nearly impossible" thanks to Frank the Zombie.

 

I have yet to see a conviction where the "Victim" did not Want to pursue charges....even in cases where there clearly SHOULD Have been one.

 

As far as the arrest and the

I told the PO's that "if I wanted to hit her she's be hurt". I'm 6' and 220 lbs, she's 5'6" and 102 lbs.

 

if there is ANY Visible Sign of injury, red mark, or even complaint of pain it is a "Shall Arrest" situation. The Ag has given us ZERO discretion when it comes to Domestics.

 

 

Just curious, i always wanted to ask a PO this question... That last part, does it also apply if a man makes a complaint against a women??

 

Yes it does, i've locked up PLENTY of women, and issued Restraining Orders against them as well.... that said the system is HEAVILY weighted in the Woman's favor, which really gets ticklish when you have a same-sex couple :shock: we have a group here in Northern Nj at least called "Women Rising" who are basically volunteer couselors for DV victims..for the most part they're harmless, and do give the vics someone to talk to..the look on one of our more "Lifetime-Oriented" DVRT opeople was priceless though when her "Victim" was male..she didnt know WHAT to do or say...especially since the guy looked like he'd gone 3 rounds with tyson...the wife had clocked him on the melon with a cast-iron pan while he was sleeping.

[Maksim 1,504]

yikes....

 

so did he wake up to then pass out? or was he passed out while passed out asleep?

 

what happen to the wife?

[tony357 386]

this is not a good scenario you need a lawyer and fast...

 

if your guns were not confinscated you are one step ahead but get an atourney to help you out soon..

[KpdPipes 388]

yikes....

 

so did he wake up to then pass out? or was he passed out while passed out asleep?

 

what happen to the wife?

 

She caught him a glancing shot, broke his nose, gashed his cheek and raised a knot on his forehead the size of a tennis ball. He woke up just as she swung..apparantly she was screaming something about his parentage before she hit him. Don't get me wrong there were plenty of times i'd locked HIM up for domestics in the past. These two were "Regular Customers" if you know what I mean. Funny thing is SHE tried to claim victim status, then tried to kick her daughter when the Daughter confirmed hubby had been asleep when attacked. Alcohol can be an evil thing soemtimes. She ended up being charged with Ag Assault...which got sent back to the Municipal Court. IIRC she ended up with something on the order of 10 days.....then the whole family moved away and we dropped our DV instances by about 10% for a few months..until the NEXT iteration of the Lockhorns moved into town.

[bulpup 98]

A little off the original topic . The super at my old apt was making dinner for his family. His wife wanted to go to a bar. He told her not to because he can't watch the kids and make this super duper recipe at the same time. They have an argument and the wife runs out of the apt screaming "call the Police!"

 

the cops get there and she says he threatened her with a knife. The cops ask " did you threaten her with a knife?"

He says no. They ask why did she say you did?".

He says "I was cutting chicken in the kitchen. I had knife in my hand. She was getting in my face while I was making dinner for the kids and her! If that's a crime then you might as well just lock me up now."

 

well, they did. The cop said " you can't just go around telling cops to lock you up. Now you get to go to jail."

 

 

He was led away saying "great, now you get to stay in AND cook dinner."

After he was gone she was crying "all I wanted was a drink!"

she called her mom to watch the kids and make dinner then went down the

corner and tied one on.

[ctrmass 0]

Yes, I would probably consider getting a lawyer, (as much as I hate them) it sounds like you can't afford not to. Once that's on your record it seems that you're pretty much done for.

 

I knew a guy that had something similiar happen, if she didn't want you arrested she shouldn't have called the police, what did she think was going to happen? Hopefully you have a joint account.

 

Good luck.

 

The wife is pretty naive about the laws. I'm not much more knowledgeable.

The way I described it is how it happened.

Having 0 tolerance about matters like this explains a lot. They were pretty adiment (sp?) on getting to my safe.

I know iI mau be a little flippant on saying this, but we've been married almost 30 years. I think menopause is starting.

 

I dont drink. :hand:

[Pew Pew Plates 358]

I'de sell all of the guns, keep good records of the sale, and hang tight till everything clears (hopefully).

 

Dont risk your investment(s) getting taken or taken and returned later trashed. Just sell them and cut your losses short. I'm suprised they havent been taken already.

[Tom-NJ2AS 31]

I'de sell all of the guns, keep good records of the sale, and hang tight till everything clears (hopefully).

 

Dont risk your investment(s) getting taken or taken and returned later trashed. Just sell them and cut your losses short. I'm surprised they haven't been taken already.

 

I would agree. My neighbor had the same kind of thing happen. No physical fighting. Girlfriend called the cops(they owned the house together) and it has been 5 years so far of him tyring to get them back. Unbelievable

[Melgamatic 66]

The only important theme here is that you need to hire a lawyer for this, no matter what. Sell a few of your guns quickly to pay for the lawyer. You're going to lose them all if you don't get a lawyer, anyway...

 

There are times in life to be cheap, and times not to be cheap. This is one of them that where spending the required money is absolutely the only viable choice. The chances of things going wrong for you without a lawyer are enormously high, and the price you will pay (for the rest of your life) will be enormous. Having all your guns seized, never being able to buy another gun in any state for the rest of your life, etc.

 

Time to sell a rifle, sell a car, sell a kidney, whatever.