It is easy to recognize domestic abuse when you see it happen to someone else, but most people who are not lawyers would have a hard time spontaneously coming up with a definition of what does and does not count as domestic violence. In New Jersey, domestic violence laws apply to many kinds of abuse, not only physical abuse, but also emotional, sexual, and financial abuse, even if they do not involve physical violence or direct threats.
Consider, for example, the various manifestations of financial abuse. One domestic violence survivor might say that her abusive husband did not allow her to hold paid employment during the marriage because he was jealous of the idea of her interacting with men at work and because he feared that she would use the money she earned at her job to become financially independent of her husband and leave the marriage. Another survivor might report that, from the time he turned 14, his parents forced him to work the maximum number of hours that the law allowed and to give his paychecks directly to them; not only did they refuse to open a bank account with him, but they also refused to allow him any control over how to spend or save the money he earned.
Regardless of the nature of the abuse, the law treats it more seriously if it happens among members of the same family or current or former romantic partners than if the defendant and the victim were strangers, neighbors, or coworkers, for example. If you are being accused of a domestic violence crime, contact a New Jersey domestic violence defense lawyer.
Which Crimes are Categorized as Domestic Violence?
According to New Jersey law, what defines a crime as domestic violence is the relationship between the defendant and the victim. The Prevention of Domestic Violence Act stipulates that the defendant in a criminal case can be charged with domestic violence if any of the following is true about the relationship between the victim and the defendant:
- The victim and the defendant are currently married to each other or were previously married to each other
- The victim and the defendant have a child together, or one of them is currently pregnant with the other’s child
- The victim and the defendant live together in the same household
- The victim and the defendant are dating each other or used to be in a dating relationship together
Family violence is a concept closely related to domestic violence. The penalties for crimes can be more severe if the victim is the defendant’s parent, grandparent, son, daughter, aunt, uncle, niece, nephew, sibling, or grandchild, especially if the parties lived in the same household at the time of the crime.
The following are just some of the crimes that can be charged as domestic violence if the defendant and the victim are current or former spouses or domestic partners:
- Assault
- Battery
- Terroristic threats
- Harassment
- Stalking
- False imprisonment
- Kidnapping
- Criminal sexual conduct
Misdemeanors and Felonies in New Jersey Law
Most states use the term “misdemeanor” to describe a relatively minor crime punishable by a sentence in county jail or even a sentence that does not involve incarceration at all. Instead, the sentence might include fines, probation, community service, court-ordered participation in anger management classes or substance abuse treatment, or some combination thereof. By contrast, these states use the term “felony” to describe major crimes, where the penalties include serving time in state or federal prison and for which indictment by a grand jury is sometimes a prerequisite to being charged. In New Jersey, the terminology is somewhat different. New Jersey uses the term “disorderly persons offense” to refer to the lesser category of crimes and “indictable offense” to refer to the greater category. As with misdemeanors and felonies in other states, charges for disorderly persons offenses and indictable offenses come in varying degrees.
If you get charged with a disorderly persons offense, you may not even need to go to criminal court. The municipal courts in New Jersey handle most disorderly persons cases. Municipal court is also where you go for traffic offense cases. Remember that jail sentences are a possibility for traffic violations, just as they are for disorderly persons offenses.
The New Jersey Prevention of Domestic Violence Act
Domestic violence is not considered its own crime under New Jersey law. Therefore, someone who is accused of punching his wife during an argument will get charged with simple assault, just as he would if he had punched a stranger in a barroom brawl or punched a neighbor during an argument about the neighbor’s barking dogs. The Prevention of Domestic Violence Act of 1991 does not say anything about the criminal penalties a defendant may face for committing violent acts against their current or former spouse or domestic partner. Instead, it deals with protections for victims of domestic violence. Someone who accuses their spouse, partner, or ex of an actual or attempted violent crime can easily get a temporary restraining order or protective order.
If your current or former partner accuses you of domestic violence and files for a restraining order, it does not mean that you are guilty of the crime of which your partner or the state is accusing you. It just means that you cannot contact the alleged victim until the state decides that there are no grounds to charge you, until you get acquitted, or, if you are convicted or plead guilty, for some other length of time determined at the time of your sentencing. Defendants in all criminal cases, including domestic violence cases, have the right to due process of law. In the context of criminal law, this means that you have the right to a jury trial and to be represented by a lawyer. Even though a restraining order does not mean that you are convicted, or even formally charged, with a crime, you should still take it seriously. Violating a restraining order is a crime, even if you have not committed any other crimes.
Some Common New Jersey Domestic Violence Offenses and Their Penalties
The penalty for a domestic violence crime depends on how the crime is graded and whether it is charged as an indictable offense or a disorderly persons offense. These are some examples of domestic violence offenses and their penalties:
- Fourth-degree indictable offenses include harassment, whether it takes place in person or online. If you get convicted of a fourth-degree offense, you can get a prison sentence that ranges in length from nine months to 18 months.
- An example of a third-degree indictable offense related to domestic violence is aggravated criminal sexual contact. For a third-degree crime, you can get a prison sentence of three to five years.
- Second-degree indictable offenses carry a sentence of five to 10 years in state prison. Domestic violence crimes of this category tend to involve imminent threats of physical harm but do not involve life-threatening injuries.
- First-degree indictable offenses, such as sexual assault, carry a sentence of ten to 20 years in prison. Enhanced first-degree crimes, such as sexual assault of a victim aged 13 or younger, can have minimum sentences of 20 years in prison or even longer.
How you are charged and sentenced for a domestic violence crime depends on which crime it is, as well as additional factors. For example, if you have prior criminal convictions on your record, even if they are for misdemeanors, you are likely to get a harsher sentence than if it is your first offense. This is why it is worthwhile to hire a criminal defense lawyer even if the crime you are accused of committing seems like it is not anything major. If your lawyer is able to get the current charges against you dropped, this helps you not only in your current case but also in any future cases.
Regardless of whether you have a prior criminal record, most defendants in criminal cases plead guilty. This is because almost every crime has a range of sentences from which a judge can choose, and the judge is more likely to give you a lighter sentence if you plead guilty than if you are convicted at trial after entering a not guilty plea. The courts want to give defendants an incentive to plead guilty because when prosecutors prepare for a trial, this costs time and taxpayer-funded resources. Despite this, you have a legal right to plead not guilty and to present your case, as well as to be represented by a lawyer no matter which way you plead.
A Criminal Defense Lawyer Can Help You Fight Domestic Violence Charges
The rights of defendants in criminal defense cases apply to all criminal cases, including those involving domestic violence. A domestic violence defense lawyer can help you if you are being accused of physically harming or threatening to harm your current or former spouse or romantic partner. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
