FRO-Criminal Mischief - small claims

[stinacj]

What is the name of your state? New Jersey

My soon to be ex spouse attacked my girlfriend and me while my daughter (4 yrs) was with us at a retail store.
After the attack my spouse left the store and scratched my entire car. I immediately filed a complaint with the police department against my spouse and filed for a restraining order.
I was granted a full restraining order and was told that I would then have to follow through with the criminal charges in order to get restitution for the damages. My spouse had an attorney and did not offer a good enough plea.
There were witnesses to the vandalism but by the time the court date rolled around the witnesses could not identify my spouse. I was only seeking restitution for damages and really wasnt interested in having my spouse have a criminal record. The prosecutor recommended that we drop the charges and try to get restitution by going through small claims court being that the court doesn’t have to have substantial evidence to rule as much as the criminal courts do. So I did.
I filed with small claims and my spouse has the attorney writing me demanding a dismissal due to a rule 6:1-2(a)(2) saying that this rule excludes family matter from small claims jurisdiction. He is also seeking counsel fees…
He is also seeking an order for the court to assert jurisdiction over the small claims matter in our Family matter hearing – MESP.

I have so many questions I am not sure where to begin.
I guess first off do I have a right to take this to small claims?
Can the Family matter court assume jurisdiction over this?
Is there frivolous actions being taken on my part?
Can someone recommend the best way to handle this?

 

[JETX]

first off do I have a right to take this to small claims?

Of course you do. And the defendant has the right to apply the law to dismiss or restrict your doing so.

Can the Family matter court assume jurisdiction over this?

What is 'this'??? If you mean your property damage claim, no.

Is there frivolous actions being taken on my part?

Confused?? Yes. Frivolous?? Doesn't appear to be the case from your post.

Can someone recommend the best way to handle this?

Yes. Get rid of any family issues in your small claim case and leave it ONLY property damage.

 

[stinacj]

Of course you do. And the defendant has the right to apply the law to dismiss or restrict your doing so.


What is 'this'??? If you mean your property damage claim, no.


Confused?? Yes. Frivolous?? Doesn't appear to be the case from your post.


Yes. Get rid of any family issues in your small claim case and leave it ONLY property damage.

Thank you for your comments.

yes i only need to resolve the property damage. The attorney is claiming this is frivolous because of the other two court appearances. i thought that they were considered different matters.. therefore the attorney is asking the judge hearing the divorce to assume jurisdiction and dissmiss it.

 

[stinacj]

I was just approached by a court tv program to bring my civil case to their show. They are gaurenteeing my payment within 7 days if I should win and there is supposedly no out of pocket money from the defendant.
It sounds real nice to get that money in 7 days and it would certainly help my spouse if she should lose the case to not have any out of pocket money taken from her.

Anyone have a take on this? is there something that I should be asking? Should I stay away from this idea?

 

[outonbail]

I was just approached by a court tv program to bring my civil case to their show. They are guaranteeing my payment within 7 days if I should win and there is supposedly no out of pocket money from the defendant.
It sounds real nice to get that money in 7 days and it would certainly help my spouse if she should lose the case to not have any out of pocket money taken from her.

Anyone have a take on this? is there something that I should be asking? Should I stay away from this idea?

This is you're decision to make. These shows are popular for the airing of dirty laundry. If you're sure the judge will not admonish you on public TV and make you sound like a petty fool, then it may be the only sure way to collect your judgment.

Do you want to be on center stage for all the world to see?
There are times I've seen these shows and was completely baffled as to why a person would go on national TV, with a case that made them look like the complete idiots they are. Now if you can make the person you are suing look like the idiot, then you may get satisfaction out of that on top of your money.
Just be sure you know who is going to look like the idiot before you're in front of the camera.
I believe that both parties have to agree to appear on the show. So if you're soon to be ex has been consulting with an attorney, I can't see the attorney recommending that she go on this show, if they have any doubts about her prevailing in the case.

 

[JETX]

I was just approached by a court tv program to bring my civil case to their show. They are gaurenteeing my payment within 7 days if I should win and there is supposedly no out of pocket money from the defendant.
It sounds real nice to get that money in 7 days and it would certainly help my spouse if she should lose the case to not have any out of pocket money taken from her.

Anyone have a take on this? is there something that I should be asking? Should I stay away from this idea?

Yep. As long as you are aware of the publicity... no problem. It is very common that they pay the 'winner' from the proceeds.
Example: $5000 in the 'pool'.
You win... judgment for $1500.
You get $1500 of the 'pool'.. and then both of you split the remaining.

Get ALL the facts up front. Who pays travel, accommodations, etc.?

 

[stinacj]

Yep. As long as you are aware of the publicity... no problem. It is very common that they pay the 'winner' from the proceeds.
Example: $5000 in the 'pool'.
You win... judgment for $1500.
You get $1500 of the 'pool'.. and then both of you split the remaining.

Get ALL the facts up front. Who pays travel, accommodations, etc.?

I wasnt really sure of what questions to ask. they did say they will of course pay for travel and accommodations. but there was no mention of a "pool" just that if i were to lose then i will also get a small amount for my trouble about $250 and so will my spouse either way.
No i do not think she will agree to go on. even though she knows she is responsible for the damages she will look for ways like this to "give it to me" i thought it would be a nice jesture on my part since there would not be any out of pocket money for her and we could try to keep it clean because really she would look like the fool in this case 100%...
i wouldnt be looking to air any dirty laundry.. just the facts that are needed for my case..

 

[stinacj]

Well peoples court was thrown out by her. she has refused.
today was my hearing for the civil case. the judge dismissed this saying that technically the restraining order hearing should have paid me the damages but that judge said i would have to file charges against her in another hearing which i did. because so much time has passed from the time of the incident to the time of the criminal case the witnesses wouldnt come based on them not being abl to point her out. so that was dismissed.
my divorce is final and now i am not sure what to do... did she just get away with something because of a technicality? Meaning that the divorce did not bring it up in the MESP..