New Jersey Domestic Violence Laws
Domestic Violence describes a special class and
category of crimes, where penalties and procedures are more extensive
and severe. It applies if the relationship between the alleged
perpetrator and the victim fits into the selected categories set out in
New Jersey's Prevention of Domestic Violence Act of 1991.
New Jersey domestic violence cases are prosecuted by a dedicated
domestic violence prosecutor. These cases are often more vigorously and
aggressively pursued then if the same crime was not categorized as a
domestic, given the public perception and profile of these kinds of
cases. To defend against domestic violence cases, you need to have a
experienced attorney who can help navigate these complex rules and
procedures, and who understands what strategies work best to get a fair
shake from the courts, instead of just demonizing the accused.
Domestic Violence laws are very strict in both prosecution and
policing. Police will always arrest if there is any evidence or
suggestion of physical injury, and may still arrest without it or any
independent witnesses or other evidence.
What Crimes can fall under the Domestic Violence statute?
If the alleged victim is classified as protected under the domestic
violence act (see below), the following crimes will be prosecuted as
domestic violence cases:
Who Qualifies as a Domestic Violence Victim?
The statute applies when the victim is:
- Spouse/husband/wife
- Former spouse
- Any current or former household member, family member, or
roommate.
- If you have child in common
- If you've had a past dating relationship
Domestic Violence Penalties
Some additional penalties in addition to other underlying criminal
charges, that can be added in domestic violence
cases may include:
- Issuance of
restraining orders and prohibition of
contact orders
- Fines, Victims support program fees, and punitive damages
- Granting exclusive use of residence
- Child custody decisions or limitations on child visitation
- Firearms ownership restrictions. You can be denied a
license to buy or carry a gun after a conviction on a domestic
violence offense in New Jersey.
- Psychiatric evaluation or other domestic violence treatment programs,
alcohol & drug addiction treatment, anger management, etc.
How to Defend a NJ Domestic Violence Charge
Because of the way domestic cases are seen, the police may be
inclined (and indeed, be legally required) to arrest on fairly flimsy
evidence of violence, abuse or assault. I will study the evidence
contained in the police report, and analyze both what alleged evidence
is in the report, and also what evidence is not in the report,
when working out the best defense strategy.
Since the underlying criminal statutes involved are so varied, the
defense strategies I would employee greatly depend on the specifics of
the charges and circumstances.
If the victims status as someone protected under the domestic
violence statute is questionable, I would certainly contest the charge
be categorized and prosecuted as a domestic violence case.
Free Case Evaluation on Defending a Domestic Violence Charge
Accusation in New Jersey
Please call me for your free consultation on domestic
violence/domestic assault in NJ today at (888) 628-8394 or
use this form to contact me, and I'll get back
to you.
Here are more details on
New Jersey
Domestic violence statutes from the official state site.
I am in different New Jersey courts every day,
defending my clients rights and freedom on domestic violence and a wide variety of
other criminal and
traffic charges. I have the knowledge and experience to help you
out of your difficult situation. Call me to find out how I can help you.
Sincerely,
Matthew Reisig, Attorney at Law
(888) 628-8394 or locally at (732) 625-9660
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