Facing Domestic Violence Charges? Here’s how an attorney can save your freedom.
Remember last time, when we outlined crucial steps to take if you’re facing domestic violence accusations? Today, we delve deeper, exploring how a skilled criminal defense attorney can be your game-changer in navigating this complex legal terrain. Buckle up, because the stakes are high, and the right legal counsel can make all the difference.
New Jersey law requires a police officer who responds to a domestic violence complaint to arrest a suspect and to file a criminal complaint if the complaining party exhibits any sign of being injured. Even if there are no signs of injury, the accused may be arrested. In most cases, police will immediately seek a restraining order against a suspect charged with domestic violence and may file additional violent crime charges against them.
In addition to the restrictions a restraining order places on your life, if you are arrested in a domestic violence case, you may also face charges related to domestic violence crimes such as:
- Assault
- Harassment.
- Criminal restraint
- Criminal trespass
- Aggravated assault
- Terroristic threats
- Kidnapping
- False imprisonment
- Sexual assault
- Criminal sexual contact
If you have been charged with domestic abuse, domestic violence, or related domestic charges in New Jersey, you should speak with an experienced domestic violence lawyer about your case and your legal options. The domestic violence defense lawyers at the Law Offices of Jonathan F. Marshall can help you develop a defense strategy and discuss whether beating a domestic violence charge is possible in your case.
Protective Orders: What They Mean for the Accused
If you are arrested for domestic violence in New Jersey, police will typically seek a obtain a temporary restraining order (TRO), or protective order, requiring you to stay away from the alleged victim and placing other restrictions on your movements.
A judge who hears allegations of violence or other dangerous acts perpetrated against a family member or domestic partner has the authority to issue a temporary restraining order. The allegations do not have to be proven.
Within 10 days, the judge must hold a hearing to determine whether the temporary order should become a final restraining order (FRO). If you do not have experienced legal representation at a TRO hearing, you can expect it to go badly for you. Your accuser will be represented by an attorney determined to make each requirement of the TRO permanent.
A judge may grant numerous restrictions against a defendant in a protective order, such as:
- Prohibiting the defendant from returning to the scene of the alleged violence or to other locations, such as a home or business.
- Prohibition of any communication or contact with the accuser or the accuser’s relatives in person, by telephone, or in writing.
- Prohibiting the defendant from possessing a firearm or weapon. All TROs issued in New Jersey require the police officer who serves the order on the defendant to seize all weapons in the defendant’s possession as well as any permit or license allowing them to obtain a firearm.
- Requiring the defendant to pay temporary child support to the accuser.
- Requiring the defendant to reimburse the accuser for any medical expenses allegedly incurred due to injury caused by the defendant.
- Requiring the defendant to relinquish exclusive possession of the residence to the accuser.
- Requiring the defendant to relinquish temporary custody of children to the accuser.
Violation of a restraining order is considered contempt of court, a fourth-degree offense punishable by up to 18 months in jail and a fine of up to $10,000. If your accuser says you have violated a protective order, the police and the court will initially side with them and arrest you.
If you are facing domestic violence allegations or are a domestic violence suspect, you need legal representation
Evaluating Evidence: The Role of Your Attorney in Scrutinizing The Prosecution’s Case
An experienced New Jersey domestic violence defense lawyer can help you have a temporary restraining order (TRO) lifted or keep a final restraining order (FRO) from being issued or from being overly restrictive. As your defense attorneys, the Law Offices of Jonathan F. Marshall will make sure your side of the story is heard, understood, and duly considered.
Typically, a TRO can be lifted if the accuser cannot demonstrate three elements of a domestic violence case:
- A true, intentional incidence of domestic violence has occurred.
- There are prior incidents of domestic violence.
- There is reasonable cause for the accuser to continue to fear for his or her safety.
Most domestic violence cases pit one person’s word against another’s. When it’s available, we can collect evidence to support your innocence, such as:
- Police report and 911 recording, which may challenge the accuser’s account of the incident.
- Your statement about what happened.
- Witness statements, including character witnesses who know you and the accuser.
- Prior unfounded accusations by the accuser and statements from others wrongly accused by her or him.
Often, the lack of evidence or inconsistencies indicates that accusations of violence or harm are unfounded. This may include:
- Lack of medical records reflecting the accuser’s injuries.
- No signs of violence, such as torn or bloodied clothing.
- No signs of a physical struggle at your home.
- Lack of prior domestic violence charges on your record.
Developing a Specific Defense Strategy
There are several potential defenses to domestic violence accusations. Depending on the circumstances, an experienced criminal defense attorney may be able to show that:
- The incident, as alleged, did not occur.
- The incident was accidental.
- You were acting in self-defense or to defend others, such as your children.
- The incident was a case of intentional self-harm by the accuser.
- Someone else harmed the accuser.
There are reasons to disbelieve the alleged victim, such as
- Alcohol or drug abuse and/or impairment.
- Mental illness.
- Previous false accusations.
- Known animosity toward the defendant.
Negotiating the Best Possible Outcome
Once your domestic violence defense lawyer has gathered the evidence available and talked to you and others who know your relationship with the accuser, we will understand the case against you – or the lack thereof. Then we can seek to negotiate with prosecutors to have the charges reduced or dismissed. Our goal is to keep a domestic violence conviction off your record if that is possible. If your case goes to court, you don’t have to prove anything. The domestic violence lawyer who represents you will seek to raise a reasonable doubt about the alleged victim’s story.
Every day, domestic violence charges are dropped due to lack of evidence, but this requires the assistance of an experienced domestic violence attorney whom prosecutors know and respect.
Representation in Court
The Law Offices of Jonathan Marshall has skilled defense attorneys who are former prosecutors and public defenders. Our defense attorneys know New Jersey domestic violence laws and will use their litigation skills to represent you in court if a negotiated settlement is not possible. Defendants in domestic violence cases can also be found not guilty at trial when they are properly represented.
Don’t Wait, Act Now: Your Trusted Legal Ally is Here To Help
To ensure your rights are fully protected after you have been accused of domestic violence offenses in New Jersey, you need a seasoned New Jersey domestic violence defense attorney from the Law Offices of Jonathan F. Marshall on your side. Our law firm is made up of former prosecutors and public defenders who have worked in municipal and county courts across New Jersey. In addition to our deep trial experience, we have the types of positive professional relationships with prosecutors all over New Jersey that allow us to negotiate favorable outcomes for our clients without going to court.
Just arrested on domestic violence charges in New Jersey? The clock is ticking. Contact the Law Offices of Jonathan F. Marshall immediately. We’ll be your legal shield, preparing for your TRO hearing and fighting for the best possible outcome. Don’t navigate this alone – let our experienced team guide you through the storm.
We have offices and attorneys across New Jersey.
