Domestic Violence
In 1991, the State of New Jersey passed the Prevention of Domestic Violence Act to address violence between spouses or couples who live together. This Act provides two forms of relief. The first is civil relief in the form of Temporary and Permanent Restraining Orders, and the second, is Criminal relief in which the accused is charged criminally.
New Jersey takes Domestic Violence very seriously. In fact, all of the State’s law enforcement agencies and courts utilize a statewide Domestic Violence Central Registry that provides up to date information on all restraining orders issued in the State. In addition to Criminal consequences, Domestic Violence issues and convictions can often have a detrimental effect on Family Law matters, such as child custody disputes. If you have been arrested or charged with a Domestic Violence offense in NJ, you need to speak to Joel Silberman as soon as possible.
Domestic Violence Charges in New Jersey
If a victim of domestic violence files a complaint seeking protection from the offender, the court may grant a domestic violence restraining order, in which the victim’s life and well-being is protected. An emergency restraining order can include:
- Prohibit the accused from returning to the scene of the domestic violence
- Search for and seizure of weapons
- Prohibit the accused from possessing any deadly weapon specified under law.
If the allegations are proven, the possible charges can include:
- Prohibition from entering the victim’s residence, workplace, or school
- Prohibition from abusing the victim
- Requirement to compensate the victim for losses
- Requirement to pay the rent or mortgage on the victim’s residence
- Prohibition from possessing a firearm
- Requirement for the accused to receive counseling or a psychiatric evaluation
- Pay a civil penalty of at least $50 but no more than $500
- Inclusion on the Domestic Violence Registry
If a person knowingly violates any of the terms defined in the domestic violence restraining order, he or she may be charged with a crime in the fourth degree, which can carry up to 18 months in prison and a $10,000 fine. Prison time is not mandatory for a first time conviction of criminal contempt of a domestic violence restraining order. A person convicted of a second or subsequent contempt offense for violating a domestic violence order, must serve a minimum of 30 days in jail.
Possible Defenses in Domestic Violence Case
- Self Defense
- Innocence
- Prosecution has insufficient evidence to satisfy their burden
Sentencing Consequences in a Domestic Violence Case
- Probation
- Imprisonment
- Restraining Order (Temporary and/or Permanent)
- Counseling
- Inclusion on the Domestic Violence Registry
- Fines
Contact Experience Domestic Violence Attorney New Jersey
New Jersey domestic violence charges are very serious and conviction of a domestic violence offense in NJ, can carry severe consequences, including time in prison and the issuance of a restraining order that can limit your freedom. If you are accused of domestic violence, you should speak with a NJ domestic violence attorney right away. An experienced NJ Domestic violence attorney will provide valuable guidance throughout your case, while protecting your fundamental rights.
