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Do Police Have To Make An Arrest When There’s A Domestic Violence Call In New Jersey?

August 27, 2014 by Matthew Reisig

Domestic violence allegations are taken very seriously in New Jersey. If the police respond to a domestic violence call, their actions depend on the circumstances they encounter.Do Police Have To Arrest Someone When There’s A Domestic Violence Call In NJ

While officers do have some discretion in these cases, certain situations require mandatory arrests under state law. Understanding how these decisions are made and knowing your rights is critical if you’re facing accusations of domestic violence.

When Arrests Are Discretionary

Police officers in New Jersey are not always required to make an arrest during a domestic violence call. If there is no visible sign of injury, no violation of a restraining order, and no outstanding warrants for either party, officers may choose not to make an arrest. In these situations, they may take other steps, such as de-escalating the situation, providing referrals to social services, or documenting the incident without making any arrests.

However, even in cases where an arrest is not mandatory, police reports are often filed. This documentation could still play a role if future incidents arise, so it’s essential to take any interaction with law enforcement seriously.

When Arrests Are Mandatory

Under New Jersey law, police must make an arrest if specific conditions are present. Mandatory arrests occur in the following situations:

  1. Visible Injuries: If one party shows physical signs of injury that indicate an altercation, police are required to arrest the alleged aggressor.
  2. Violation of a Restraining Order: If either party is found to be in violation of a court-issued no-contact or restraining order, an arrest must be made.
  3. Outstanding Warrants: If an individual involved in the dispute has an active warrant, police are obligated to arrest them.
  4. Use of a Weapon: If evidence suggests a weapon was used in the alleged domestic violence incident, an arrest is mandatory, and the weapon may be seized.

Police may also confiscate any firearms or weapons in the home to ensure the safety of the alleged victim. These measures are taken to prevent further harm and protect those involved.

Facing Domestic Violence Charges? Get Legal Help Right Away

Being arrested for domestic violence can be a life-changing experience. Convictions carry serious penalties, including jail time, fines, and restraining orders. Additionally, a domestic violence record can affect your employment, housing opportunities, and personal relationships. That’s why it’s crucial to have an experienced defense attorney on your side.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful law firms. Attorney Matthew Reisig and his team have extensive experience handling domestic violence cases, providing aggressive and effective defense strategies for clients facing these serious charges.

Why Choose Reisig Criminal Defense & DWI Law?

  1. Decades of Experience: Matthew Reisig has built a reputation as one of New Jersey’s top defense attorneys, with nearly three decades of success in defending individuals accused of domestic violence.
  2. Strong Relationships: Reisig Criminal Defense is familiar with the prosecutors and judges in most New Jersey courts, giving them an edge in building a solid defense tailored to your case.
  3. Proven Results: The firm has successfully defended countless clients, often achieving reduced charges, dismissals, or other favorable outcomes.
  4. Client-Centered Approach: Matthew Reisig and his team prioritize open communication, ensuring you understand every step of your case and have the support you need.

What to Do After a Domestic Violence Arrest

If you’ve been arrested for domestic violence in New Jersey, don’t wait to seek legal help. The legal system moves quickly, and early intervention by a skilled attorney can make a significant difference in your case. Document any details you remember about the incident, including your interactions with police, and avoid speaking to anyone about your case without your lawyer present.

Call Reisig Criminal Defense Today

When your future is on the line, trust Reisig Criminal Defense & DWI Law to fight for your rights. With nearly 30 years of experience and a proven track record, Matthew Reisig has the knowledge and skill to build a strong defense against domestic violence charges. Call 732-625-9661 today for a free consultation and take the first step toward protecting your rights and your future.

Domestic violence cases are complex, but with the right legal representation, you can navigate this challenging time with confidence. Let Reisig Criminal Defense guide you every step of the way.

Filed Under: Domestic Violence

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* The reference to 1,389 cases without a DWI conviction applies to cases prior to November 1, 2017. This information should not create an unjustified expectation that similar results can be obtained for others without regard to the specific factual and legal circumstances.

** 82% Winning Percentage at Trial is from 2012 through 2017.