If the police come to your New Jersey home in response to domestic violence calls, it is almost inevitable that someone will be arrested and charged.
New Jersey law requires a police officer to arrest a domestic violence suspect and to sign a criminal complaint against that person if the alleged domestic violence victim shows any sign of being injured. Police may also file additional violent crime charges, which greatly increase the potential penalties the defendant faces.
In most domestic violence cases, police will immediately seek a restraining order against a suspect facing domestic violence charges. A restraining order can limit your movements and lead to loss of access to your home and lack of contact with your children. If there is already an outstanding restraining order against you, you will automatically be jailed for violation of a restraining order.
It is crucial for anyone facing domestic violence charges in New Jersey to seek legal representation from an experienced domestic violence lawyer as soon as possible. The faster an experienced lawyer from the Law Offices of Jonathan F. Marshall gets involved in your case, the sooner we can build a strong defense strategy tailored to your specific case. Our defense attorneys understand what New Jersey law allows in a domestic violence case. We have established, professional relationships in local courts that can help our clients receive a fair hearing.
Contact a domestic violence defense attorney at the Law Offices of Jonathan F. Marshall at (856) 565-3635 or online as soon as you can. Our law firm has one of the largest and most experienced legal teams of its kind in New Jersey.
What Constitutes Domestic Violence in New Jersey?
New Jersey law defines domestic violence as any physical violence or criminal offense that causes a risk of death or serious bodily injury to a person protected under New Jersey’s Prevention of Domestic Violence Act of 1991. The statute names several specific crimes that constitute domestic violence if perpetrated against a protected individual, including:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Cyber-harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order.
People protected by the Prevention of Domestic Violence Act of 1991 include:
Any adult (18 years old or older) or emancipated minor who has been subjected to domestic violence by a:
- Spouse
- Former spouse
- Present or former household member
- Person with whom the victim has had a dating relationship
- Person whom the victim anticipates having a child in common (the victim or abuser is pregnant).
Anyone who has been subjected to domestic violence by a person with whom the victim:
- Has a child in common
- Anticipates having a child in common (the victim or abuser is pregnant).
Anyone who has been subjected to domestic violence by a person with whom the victim had a dating relationship.
Immediate Steps To Take When Accused
If you have been arrested for domestic violence, you need to remain calm and avoid making any statement to the police or the accuser until you have a defense attorney present. You can make a mistake that has long-lasting negative consequences.
Many times, a defendant in a domestic violence case makes the situation worse by escalating the conflict, while still in contact with the accuser or during the police arrest. This can give the police and/or the court reason to file additional criminal charges against the individual.
If police begin to question you about a domestic assault incident, state calmly that you want to cooperate with the police, but you need to speak with an attorney. Contact a criminal defense attorney at the Law Offices of Jonathan Marshall and follow his or her advice.
Your Legal Rights When Facing Domestic Violence Charges
Regardless of what has led to your arrest, you have the right to remain silent and to have legal representation. You also have the right to due process. You will be given your day in court, where your attorney will be allowed to present evidence in your defense and cross-examine witnesses against you.
You will have the opportunity to challenge the temporary restraining order (TRO), which the judge likely issued upon hearing the domestic violence complaint against you. Within 10 days of the date of the TRO, the court must hold a hearing to determine whether to issue a final restraining order (FRO). You have the right to defend yourself at the hearing and present evidence to support lifting the restraining order. A skilled criminal defense attorney can advocate on your behalf at a domestic violence trial.
Domestic violence cases in New Jersey can lead to civil proceedings in addition to criminal charges. If you are found guilty of domestic violence at the restraining order hearing, the judge can order you to pay a civil penalty of $50 to $500. This money goes to fund programs and services for domestic violence victims.
The civil penalty is mandatory if the defendant violated a restraining order. If there was no TRO or FRO, the judge is supposed to consider how badly the victim was hurt when deciding whether to impose a civil penalty. In the latter case, the defendant has the right to rebut evidence presented by the alleged victim. New Jersey judges also have the authority to waive the civil penalty if they think it would cause extreme financial hardship for the defendant. A New Jersey domestic violence lawyer can help make this argument, too.
Possible Defenses Against Domestic Violence Charges
Domestic violence cases are often simply one person’s word against another’s. Every day, domestic violence charges are dropped, and defendants are found not guilty of criminal charges because they have experienced criminal defense attorneys.
You may be able to show the court that there was no assault or domestic abuse. Maybe you have a physical disability that makes you incapable of causing harm. Maybe you have an alibi for the time of the alleged incident.
If you have been charged with a domestic violence offense, you don’t have to prove anything. You only have to raise a reasonable doubt about the alleged victim’s story. An experienced domestic violence lawyer in New Jersey can seek to establish reasonable doubt by raising one or more of the following issues:
- Was the alleged incident intentional or accidental?
- Was there actual harm?
- Are there medical records or photos to prove that anyone was injured?
- Was any injury suffered by the alleged victim inflicted in an act of self-defense or by intentional self-harm?
- Does the police’s account of the incident match the alleged victim’s memory of events? Does it match the defendant’s memory of the incident?
- Are statements made by the alleged victim consistent and plausible?
- What do 911 recordings indicate?
- Are there witnesses in addition to the alleged victim?
- Are there inherent reasons to disbelieve the alleged victim or witnesses, such as mental illness, alcohol or drug abuse, previous false statements, or lack of credibility?
How To Choose The Right Defense Attorney
To ensure your rights are fully protected during all legal proceedings, you need an experienced domestic violence defense attorney on your side.
At the Law Offices of Jonathan F. Marshall, our attorneys are former prosecutors and public defenders who know N.J. domestic violence law and apply that knowledge to assist our clients. They are skilled negotiators who know that accusations of domestic violence case sometimes look different in the light of day. Our attorneys can reach out to your accuser or the prosecutors, as appropriate, to have charges dropped or reduced.
You should select a defense attorney with extensive experience handling domestic violence charges.
Contact Our N.J. Domestic Violence Lawyers Today
You should never underestimate the damage that a New Jersey domestic violence conviction and a criminal record can do to your life. If you face charges involving domestic abuse crimes or domestic violence crimes in New Jersey, you should exercise your right to remain silent. Call our New Jersey domestic violence lawyers as soon as possible.
The Law Offices of Jonathan F. Marshall has a team of veteran criminal trial attorneys and domestic violence defense lawyers who can provide effective legal defense to respond to the allegations of domestic violence that you are facing. Contact our law office now at (856) 565-3635 or online for a free consultation and strong, dedicated legal representation.
