Domestic violence is a serious crime in New Jersey. A domestic violence conviction can have a major impact on your life. It can affect your ability to apply for jobs or housing, and it can have a large effect on your child custody agreements. As a result, it is important to understand what domestic violence entails and what to do if you are facing charges of domestic violence in New Jersey.
How is domestic violence defined under the law in New Jersey?
While domestic violence is generally portrayed a certain way in the media, it can be committed by anyone, regardless of gender, sexuality, etc. In New Jersey, domestic violence is defined as a crime of violence against someone with whom a person is married, separated, or divorced. Domestic violence can also occur between two people who are dating, living together, or who have a child together. It is important to know that this “violence” does not always have to be physical. If you are charged with committing any of the following acts against any of the aforementioned parties, you will most likely face domestic violence charges:
- False imprisonment
- Sexual assault
- Criminal mischief
- Criminal trespass
- Criminal restraint
- Criminal coercion
- Terroristic threats
- Criminal sexual contact
What if I am falsely accused of domestic violence?
Unfortunately, it is possible to be falsely accused of domestic violence. If this occurs, it is necessary to reach out to an experienced criminal defense attorney as soon as possible. Our firm will work to prove your innocence.
What happens if I am convicted of domestic violence?
As stated before, New Jersey takes domestic violence charges seriously and takes steps to protect victims of domestic violence. Under the Prevention of Domestic Violence Act of 1991, victims of domestic violence are entitled to seek both civil and criminal relief from their alleged abusers. Civil relief will come in the form of a restraining order. As soon as the police are called for a domestic dispute, a temporary restraining order will generally be issued immediately, and if it is determined the act of violence truly occurred, a final restraining order will be issued, preventing the abuser from coming in contact with the victim or the victim’s family. The victim can also file criminal charges, such as assault charges, which can warrant years of incarceration, among other potential penalties.
If you are facing charges of domestic violence, our firm is here to help. Reach out today to discuss your case.
Contact our experienced New Jersey firm
Thomas DeMarco & Associates, LLC handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Contact our firm to discuss your legal situation.