Domestic violence crimes are some of the most difficult cases to deal with, for everyone involved. If you are facing charges of assault or terroristic threats in a domestic case, you know what I am talking about.Charged with a crime in New Jersey? Please call (888) 205-9314
Facing charges so charged with emotion requires a defense lawyer that can view things objectively. Cases like this have the ability to tear families apart and send people to prison—two things that should never be taken lightly.
Sometimes things get out of control, emotions are high, and you make a mistake you can’t undo. Now, you are facing charges that could forever change things and you are right to be scared.
Real domestic violence and domestic assault is something no one condones. But the courts in New Jersey will commonly pursue charges like this even with very little evidence of a serious incident.
Whether you made one of those mistakes or you are innocent of the charges against you, I will do everything in my power to ensure you get the best results possible on your day in court. Domestic violence charges demand an aggressive defense lawyer and I will work tirelessly for your cause.
New Jersey Domestic Violence Laws & Penalties
Domestic violence laws are covered in the New Jersey statutes under the Domestic Violence Act of 1991. Courts take charges of this nature very seriously and the law even states that it is the intent of domestic violence laws to “assure the victims of domestic violence the maximum protection from abuse the law can provide.”
The law details numerous criminal and civil remedies for reported victims of domestic violence.
What is a domestic offense?
In order for an offense to be considered a domestic violence offense it must be a qualifying offense committed under a protected person, as defined by the statutes. This means that the term “domestic violence” doesn’t only apply to assaults against a spouse.
Protected Relationships in NJ Domestic Assaults
People commonly think of domestic assaults as occurring between husband and wife. While this is often the case, there are several other situations that can lead to charges of this nature. For an offense to be considered under domestic violence laws, it must occur between two people who have one of the following relationships:
- Roommate or ex-roommate
- Girlfriend or boyfriend
- Two people who share a child, whether born or still in utero
- Anyone who you presently or formerly lived with
Qualifying Offenses For Domestic Violence Charges in New Jersey
Not all laws are included under domestic violence laws. Those that are included are obviously violent crimes and include
- Terroristic Threats
- Criminal Trespass
- Criminal Restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Criminal Mischief
Ref: NJ Stat §2C 25-17, 18, 19
When you face charges of a qualifying offense against a protected person, you face domestic charges. This classification can mean many different things to your case.
Why was I arrested?
If an officer is called to your home to investigate claims of domestic violence and he or she finds injury or other probable cause, you can be arrested on the spot. If both parties have injuries, the officer is told to compare stories and injuries before determining which of the two parties should be. Weapons can be immediately seized.
Ref: NJ Stat. §2C: 25-21
A protection order can be requested by the alleged victim or put in place by the court, without the victims input. For more information about these orders and what can happen when they are violated, read my restraining order page.
When you are facing charges of this magnitude, you should be concerned about what they may mean for your future. Because of the stigma attached to domestic violence crimes, you likely feel that everyone is against you. As your defense lawyer I would be there for you.
Call me today to discuss the details of your case and see how I may be able to help.
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