Domestic Violence Defense Lawyers in NJ
Police in New Jersey have marching orders to treat domestic violence disputes seriously. Indeed, this only makes sense given some of the more publicized fatalities stemming from incidents of this nature. There are a host of rules that apply under the Prevention of Domestic Violence Act (“PDVA”). Guidelines issued by the NJ Attorney General, and mandates issued in other contexts, that dictate how police officers need to investigate and respond to domestic violence. For example, there are specific requirements in terms of when someone must be arrested at the scene of a domestic violence investigation. The end goal of these provisions is to ensure the safety of those who are legitimate victims of domestic assault and other forms of domestic violence.
Here at Marshall Criminal Defense, our attorneys understand that mistakes can be made not only by our clients by the police. We also know that there are almost always two sides to every story. You can therefore count on the lawyers at our law office to fight so that you achieve the very best outcome in your restraining order hearing and/or criminal case involving allegations of domestic violence. And we bring a considerable amount to the table in this regard, including:
- 15 Lawyers who limit that practices to defending individuals accused of violating the law, for example, committing domestic violence
- Over 200 years of collective experience appearing in courts throughout New Jersey on behalf of criminal clients
- Former County Prosecutors who have served in agencies throughout the state for decades in roles such as Director of Major Crimes, Domestic Violence, Juvenile, Sex Crimes, and even as the Director of an entire Trial Division
- Former municipal prosecutors in more than 25 towns
- Certified criminal trial attorneys
If you or a loved one is embroiled in a domestic violence case of any kind, our team of accomplished domestic violence lawyers are here to help. Call us at 855-450-8310 for a free initial consultation and the experienced guidance that you need.
What Is the Definition of Domestic Violence In New Jersey?
The term domestic violence is often interpreted as a specific crime or disorderly persons offense when it is actually just a broad based term intended to refer to any type of dispute that results in a criminal charge or restraining order in this context. If we were to create a more narrow definition for this term it would probably be prohibited conduct committed against an individual afforded protection under the PDVA. This protection can actually result in one of two avenues of recourse, a domestic violence criminal charge(s) in either the Superior Court or municipal court, and/or a restraining order litigated in the Family Division of the Superior Court. There is also the opportunity for protections intended to prevent domestic violence in either context, namely, a no contact order imposed under the criminal complaint or a restraining order.
Someone commits domestic violence when one of the predicate offenses outlined in N.J.S.A. 2C:25-19 is committed against someone protected under the PDVA:
- Homicide
- Aggravated Assault
- Simple Assault
- Terroristic Threats
- Kidnapping
- Criminal Restraint
- False Imprisonment,
- Sexual Assault
- Criminal Sexual Contact
- Lewdness
- Criminal Mischief
- Burglary
- Criminal Trespass
- Harassment
- Stalking
- Criminal Coercion
- Robbery
- Criminal Contempt of a Restraining Order (a.k.a. Violate a Restraining Order)
- Cyber-harassment
Who Is A Protected Victim Under The PDVA?
There are several classes of individuals who have standing as “victims” of domestic violence under New Jersey Law. The following categories of persons are protected and may obtain, for example, a restraining order if assaulted, harassed, etc.
- Spouses and former spouses
- Household members and prior household members
- Individuals who have a child in common
- Individuals who are having a child in common (i.e. pregnant)
- Individuals who have or had a dating relationship
We now know the who and when domestic violence is committed in New Jersey. The next lesson to tackle is what happens if law enforcement discovers that an incident of domestic violence has occurred.
What Are New Jersey Police Officers Obligated To Do When They Discover Domestic Violence?
N.J.S.A. 2C:25-21 outlines the responsibilities of police officers when they investigate a domestic violence call. The following is a summary of these rules:
- When Must Police Make An Arrest? If the police believe there is a reasonable basis to believe that domestic violence has occurred, they must make an arrest where the victim exhibits signs of injury resulting from the incident, there is a warrant against the accused, there is probable cause to believe the accused violated a restraining order, or there is probable cause to believe that domestic violence was committed with a weapon.
- When Do Police Have Discretion To Decide Whether Or Not To Arrest? If one of the previously mentioned conditions don’t exist but there is nevertheless probable cause to believe that domestic violence occurred, the investigating police officer can arrest or simple serve the defendant (i.e. with a criminal complaint, restraining order, or both).
- When Should the Police Seize Weapons? If a domestic violence complaint is initiated or domestic violence criminal charges is signed, police must seize all weapons, in particular, firearms possessed by the accused, that are either observed or whose existence is discovered during the course of the investigation. A search must also be initiated to uncover any and all weapons.
What Are The Penalties Someone Faces For Committing Domestic Violence In New Jersey?
The penalties that someone faces for domestic violence are tied to the criminal charges stemming from the police call or other precipitating event. The severity of the penalties hinge on the degree or grade of the criminal violation. For example, if the offense is for second degree aggravated assault for strangling 0r choking then the defendant faces between 5-10 years in prison. A third degree crime involving domestic violence such as a terroristic threat can land you in prison for up to 5 years. The potential term is up to 18 months of imprisonment for a fourth degree crime like criminal contempt.
Contact The Highly Skilled NJ Domestic Violence Attorneys At Our Firm For The Assistance You Need
We hope that the general information regarding how the process of a domestic violence proceeding is initiated was helpful to you. If you require additional guidance, or have been served with a restraining order or domestic violence criminal offense and are looking for a defense lawyer, contact our office at 855-450-8310. Attorneys are available around the clock to take your call and initial consultations are always free. One of the lawyers at Marshall Criminal Defense is available now.
