When New Jersey police respond to a domestic violence complaint, they almost always make an arrest. In other cases, an individual can seek a restraining order against someone they accuse of domestic violence and usually receive one. Charges of domestic violence are often accompanied by additional charges, such as harassment, stalking, assault, or holding a person against their will.
Domestic violence cases in New Jersey can quickly be complex and lead to a lengthy ordeal for the accused. This makes it important to understand the legal process that follows allegations of domestic violence and what to expect if those allegations are directed at you.
If you face domestic violence charges, you should contact an experienced New Jersey defense attorney as soon as possible to discuss your rights and legal options. An N.J. domestic violence defense lawyer with the Law Offices of Jonathan F. Marshall can help you understand the charges against you and stand up for you in court. Our skilled attorneys represent people charged with criminal offenses throughout New Jersey. Call for a free consultation.
New Jersey Domestic Violence Laws
New Jersey’s Prevention of Domestic Violence Act (PDVA) identifies certain individuals who qualify for specific legal protection if they are subjected to any of several crimes named in the statute:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Any violent crime involving risk of death or serious bodily injury to a person protected by the PDVA
- Cyber harassment
To claim protection under the PDVA, the alleged victim of a crime must be 18 years old or older or be an emancipated minor and claim they were subjected to domestic violence by a:
- Spouse
- Former spouse
- Present or former household member.
An alleged victim also may allege domestic violence perpetrated by a person:
- With whom the victim has a child in common
- With whom the victim anticipates having a child in common, if one of the parties is pregnant, or
- With whom the victim has had a dating relationship.
The relief provided to the alleged victim) is a restraining order and possibly criminal charges filed against the alleged perpetrator.
A restraining order is a court order requiring an individual to abide by certain restrictions on their activities. In domestic violence cases, the restrictions typically include a prohibition on contact with the alleged victim and other requirements, such as requiring the defendant to vacate the family home and prohibiting them from possessing a firearm.
Initially, a judge will issue a temporary restraining order (TRO) and then must hold a hearing within 10 days to decide whether to issue a final restraining order. A final restraining order does not expire unless one of the parties petitions the court to lift or modify the order. The defendant has the right to attend the final restraining order hearing and present arguments as to why the court should not issue the restraining order. The defendant has the right to be represented by a criminal defense attorney at the hearing.
In addition to requesting a restraining order, the alleged victim can file a criminal complaint based on the defendant’s actions during the incident that led to the restraining order request.
Understanding the Legal Process for Domestic Violence Cases
Many domestic violence cases begin with the alleged victim calling the police. A police officer in New Jersey who answers a domestic violence complaint must arrest the suspected perpetrator and sign a complaint for criminal charges against them if the complainant has visible signs of injury.
In other cases, a person may go to a police station to file a criminal complaint and request a restraining order. This may result in a warrant for the defendant’s arrest or a grand jury indictment.
Criminal charges for more serious domestic violence crimes in New Jersey are filed as indictable offenses. Prosecutors must present evidence to a grand jury to obtain an indictment.
After an arrest or indictment, the defendant will be ordered to make a “first appearance” in court. The defendant is formally advised of the charges and their rights, and if the defendant is being held, the judge will review the conditions of release.
A defendant in custody has a right to a first appearance within 72 hours, excluding holidays. The first appearance for an individual who has been released on bail is to occur without unnecessary delay.
At their first appearance, the defendant will be advised of their right to legal representation. It is important to contact an experienced criminal defense lawyer as soon as possible to understand your rights.
Individuals charged with criminal offenses enter their formal plea of “not guilty,” “guilty,” or “no contest” at an arraignment.
If the defendant enters a guilty plea at the formal arraignment, the judge will order a presentence investigation. Sentencing will follow the presentence investigation.
If plea negotiations are ongoing, the parties may review the status of the plea offer at the arraignment.
In cases that remain open, the defense may file one or more motions or legal documents that ask the court for a specific action, such as to suppress evidence unlawfully obtained. The prosecution may also file motions. The judge will set dates to rule on any motions and for a final status conference.
At the pre-trial conference or final status conference, the judge will seek to confirm that there are no motions pending, that discovery is complete, and that everything within reason has been done to dispose of the case.
At trial, each side has the opportunity to present its case and question the other side’s witnesses. The prosecution is tasked with proving its case, so it goes first, and the defense follows. Once each side has presented its evidence and offered closing statements, the judge advises the jury of how the law applies to the case and the verdicts it may return.
The jury then deliberates and eventually returns to report its verdict. Defendants are either found guilty or not guilty. A guilty verdict must be unanimous. If a majority of a jury believes the defendant is guilty, but it is not unanimous, the judge may declare a mistrial.
Normally, a person found not guilty is set free. Prosecutors have no right to appeal acquittals.
If the defendant has been found guilty, the judge will order a presentence investigation by the court staff and set a date for sentencing.
A skilled criminal lawyer with the Law Offices of Jonathan Marshall will work to develop a strong defense and seek the best possible result for a client based on the specific facts of the case.
Factors That Influence the Duration of a Domestic Violence Case
Several factors may affect the duration of a domestic violence cases, such as:
- Severity of the charges. More severe incidents of violence may require additional investigation and evidence gathering. This can prolong the time the prosecution needs to prepare its case.
- Complexity of the case and its evidence. Domestic violence cases often involve only two people, creating a “he said, she said” situation. Other cases involve multiple family members. Determining guilt or innocence can become a lengthy process if there is a complex story behind the incident and multiple pieces of evidence to support the plaintiff’s allegations.
- Whether the case goes to trial. Most criminal cases are settled with a plea bargain, which avoids the time required for a trial. As your criminal defense attorneys, we would work to obtain the best possible outcome for you, whether through a negotiated plea or at trial.
- Witness availability and cooperation. It is not unusual for the alleged victim and/or witnesses in a domestic violence case to hedge when it’s time to testify in court, adding to the length of the case. Prosecutors intent on winning their case may receive time to deal with uncooperative witnesses or a troubled plaintiff.
If you have been arrested for domestic violence or associated criminal charges, you need to remain calm and silent until an experienced criminal defense attorney is present. Without legal representation, you can make mistakes that will prolong the ordeal ahead of you.
The sooner you get an attorney from the Law Offices of Jonathan F. Marshall involved in your domestic violence case, the sooner we can begin to challenge the evidence against you.
Contact a NJ Domestic Violence Defense Attorney
Most domestic violence cases pit one person’s word against another’s, with no solid evidence of either party’s guilt. Every day, domestic violence cases are dropped, and juries find defendants not guilty because the defendant has experienced and effective legal representation.
If you have been charged with domestic violence in New Jersey, exercise your right to remain silent and contact the Law Offices of Jonathan F. Marshall at the earliest opportunity. A domestic violence defense attorney from our law firm can seek the release of a defendant being held and provide a free initial legal consultation and strong, dedicated legal representation.
