Being charged with domestic violence can be overwhelming and have long-lasting consequences. In New Jersey, domestic violence laws are strict, and a conviction can lead to severe penalties, including jail time, fines, and restraining orders. If you’re facing domestic violence charges, understanding your rights and working with an experienced criminal defense lawyer is essential to building a strong defense.
In this blog, we’ll explore what constitutes domestic violence, potential defenses, and how recent changes in New Jersey law may impact your case.
What Is Domestic Violence?
Domestic violence refers to abusive behaviors committed by someone in a household or intimate relationship, such as a spouse, partner, or family member. In New Jersey, the Prevention of Domestic Violence Act (PDVA) outlines specific actions that are considered domestic violence offenses. These actions may include physical assault, harassment, threats, stalking, and even certain types of property damage.
Common Types of Domestic Violence Offenses
The most common types of domestic violence offenses in New Jersey include:
- Assault: Physical harm or the threat of physical harm against a partner or family member.
- Harassment: Repeated unwanted behavior, including phone calls, messages, or verbal abuse.
- Stalking: Following or monitoring someone without their consent, causing them fear.
- Terroristic Threats: Threatening to harm or kill a partner or loved one.
These charges can lead to significant legal consequences, which is why it’s crucial to seek legal assistance from a domestic violence lawyer immediately after being charged.
Recent Changes to Domestic Violence Laws in New Jersey
In recent years, New Jersey has made important updates to domestic violence laws to better protect victims and provide clearer guidelines for law enforcement and courts. One of the most significant changes was the expansion of protections offered under the Prevention of Domestic Violence Act.
Expanded Protections Under the PDVA
As of January 2022, New Jersey enhanced protections for victims of domestic violence by expanding the definition of relationships that qualify under the PDVA. Previously, the law applied primarily to current or former spouses and household members. Now, protections extend to victims who are in dating relationships, regardless of whether they have ever lived together. This means that a larger group of individuals can seek restraining orders and other legal protections under the act.
Additionally, the Extreme Risk Protection Order Act was passed, allowing law enforcement to temporarily remove firearms from individuals who pose a risk of harm to themselves or others, including those charged with domestic violence offenses. This change adds an extra layer of protection for victims while also increasing the consequences for those facing charges.
What to Expect After a Domestic Violence Charge
Once you’re charged with domestic violence in New Jersey, the process moves quickly. Law enforcement is required to take these charges seriously, and in many cases, you could be arrested immediately after an accusation is made. The court may issue a Temporary Restraining Order (TRO) against you, which can limit your ability to contact the alleged victim or return to your home.
Temporary Restraining Orders (TRO) and Final Restraining Orders (FRO)
After the issuance of a TRO, a hearing will be scheduled where a judge will determine if the restraining order should be made permanent, also known as a Final Restraining Order (FRO). An FRO can have long-lasting effects, including:
- Loss of child custody or visitation rights.
- Restrictions on where you can live or work.
- A permanent criminal record.
To fight these charges, it’s critical to have a criminal defense lawyer by your side who understands the nuances of New Jersey’s domestic violence laws and can present a compelling defense.
Building a Defense Against Domestic Violence Charges
If you’ve been charged with domestic violence, it’s important to remember that you are presumed innocent until proven guilty. A skilled criminal defense lawyer will work with you to examine the details of your case and develop a defense strategy that challenges the evidence against you.
Possible Defenses to Domestic Violence Charges
If you’re facing domestic violence charges in New Jersey, these may be some of the defense strategies used by your attorney:
- False Accusations: Domestic violence charges are sometimes the result of false accusations, particularly in emotionally charged situations like divorce or custody disputes. A defense lawyer will work to uncover evidence that proves the accusations are unfounded.
- Lack of Evidence: The prosecution must prove beyond a reasonable doubt that you committed the alleged offense. If there is insufficient evidence, your lawyer can argue for a dismissal of the charges.
- Self-Defense: In some cases, the accused may have acted in self-defense. If you were defending yourself or another person from harm, this could be a valid defense.
- Mistaken Identity: It’s not uncommon for someone to be mistakenly identified as the aggressor in domestic violence cases. If you weren’t the person involved, your lawyer will work to gather evidence, such as alibis or witness testimony, to support your case.
- Consent: In certain cases, the actions may have been consensual, particularly in disputes involving property or arguments. Your defense lawyer can argue that both parties agreed to the actions taken, and no malicious intent was involved.
Penalties for Domestic Violence Convictions in New Jersey
The penalties for a domestic violence conviction in New Jersey can be severe, especially if the offense is classified as a criminal charge. Depending on the nature of the crime and whether it involved physical harm, you could face the following consequences:
- Jail Time: Convictions for assault or other violent crimes can lead to months or years in jail.
- Fines: You may be required to pay significant fines as part of your punishment.
- Loss of Custody: Domestic violence convictions often affect child custody arrangements, resulting in loss of visitation rights.
- Criminal Record: A domestic violence conviction can stay on your criminal record permanently, affecting future employment, housing, and other aspects of life.
Why You Need a Domestic Violence Lawyer
Facing domestic violence charges is a serious matter that requires the knowledge and experience of a knowledgeable criminal defense lawyer. A domestic violence lawyer can evaluate the evidence against you, challenge the prosecution’s case, and work to get the charges reduced or dismissed. Given the serious consequences of a conviction, it’s essential to have a strong legal advocate on your side.
How a Criminal Defense Lawyer Can Help
Here’s how a criminal defense attorney in New Jersey can help if you’re facing domestic violence charges:
- Negotiation with Prosecutors: A lawyer can negotiate with the prosecution to reduce charges or work out a plea agreement that minimizes penalties.
- Challenging Evidence: Your lawyer will thoroughly review the evidence against you, looking for inconsistencies or violations of your rights.
- Court Representation: If your case goes to trial, a criminal defense lawyer will represent you in court, ensuring that your defense is presented clearly and effectively.
Facing Domestic Violence Charges in New Jersey? Contact the Criminal Defense Lawyers at Camili & Capo, PA for Legal Representation
If you’ve been charged with domestic violence in New Jersey, don’t wait to seek legal assistance. At Camili & Capo, PA, our experienced criminal defense lawyers are here to protect your rights and build a strong defense against the charges you’re facing.
Call us today at (973) 834-8457 for a free consultation or fill out our online contact form to schedule an appointment with one of our attorneys. Let us help you navigate this challenging time and fight for the best possible outcome in your case.
