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What Happens In New Jersey After An Arrest For Domestic Violence Related Charges?

November 5, 2024 by Mathew Reisig

Being arrested for domestic violence in New Jersey is a challenging and emotional experience. Whether you are the person facing charges or a family member looking to help, understanding the legal process can provide clarity during this difficult time.What Happens After An Arrest In NJ On Domestic Violence Charges.png

Domestic violence charges are taken very seriously in New Jersey, and the consequences can be severe. Here’s what happens after an arrest and what steps you should take to protect yourself or your loved one.

What Happens After a Domestic Violence Arrest?

After someone is arrested for domestic violence in New Jersey, they will likely be taken to a local police station for processing. This includes taking fingerprints, photographs, and gathering personal information. Depending on the circumstances, the person may be held in custody until their first court appearance. If they are not held, they may be released on bail or under specific conditions, such as a restraining order, which restricts contact with the alleged victim.

Shortly after the arrest, the person will have a first appearance in court, typically within 48 hours. During this initial hearing, the judge will decide if the accused should remain in custody or if they can be released with certain conditions. The court may issue a restraining order to prevent any contact between the accused and the alleged victim, especially if there is a perceived threat to safety. The accused will also be informed of their charges and any potential penalties they may face if convicted.

Understanding the Potential Consequences

Domestic violence cases in New Jersey can lead to a variety of legal outcomes. If convicted, a person may face jail time, fines, probation, mandatory counseling, and a criminal record. Additionally, they may lose certain rights, like the ability to own firearms. If a restraining order is issued, the accused may be restricted from returning home or contacting family members, which can add to the emotional and logistical challenges.

It’s important to recognize that even if the alleged victim wants to drop the charges, the prosecutor can still pursue the case. Domestic violence charges are often prosecuted by the state to protect victims, and New Jersey law grants prosecutors significant authority to move forward with these cases. The prosecutor’s goal is to ensure public safety, and they may proceed with the case even if the alleged victim changes their mind.

Why You Need an Experienced Defense Attorney

Domestic violence laws in New Jersey are complex, and the legal process can be overwhelming. Having an experienced defense attorney is crucial for navigating this process and ensuring that your rights are protected. A skilled attorney can evaluate the evidence, identify any weaknesses in the prosecution’s case, and develop a strong defense strategy.

Reisig Criminal Defense & DWI Law is highly familiar with domestic violence cases across New Jersey. With almost 30 years of experience, they know the prosecutors in many of New Jersey’s Municipal and Superior Courts, which gives them unique insight into how these cases are likely to be handled. Their familiarity with the local legal system allows them to anticipate prosecutorial strategies and advocate effectively for their clients. This level of experience can make a significant difference in achieving a favorable outcome.

What Steps Should Family Members Take?

If your loved one has been arrested for domestic violence, you may feel overwhelmed and unsure of how to help. The first step is to remain calm and gather information about the arrest and upcoming court dates. Encourage your loved one to seek legal counsel as soon as possible. It’s also a good idea to avoid discussing the details of the case with others or posting on social media, as this can unintentionally affect the case.

Family members can play a supportive role by helping the accused gather important documents, such as character references or evidence that may be helpful for their defense. Additionally, maintaining open communication with the attorney can provide you with updates on the case and help you understand what to expect throughout the legal process.

Why Choose Reisig Criminal Defense & DWI Law?

Reisig Criminal Defense & DWI Law has built a reputation as one of New Jersey’s most successful law firms for defending against domestic violence charges. With nearly three decades of experience, the firm understands the seriousness of these cases and the impact they can have on clients’ lives. They provide compassionate, individualized defense strategies that are tailored to each case’s unique circumstances.

What sets Reisig Criminal Defense apart is their in-depth knowledge of New Jersey’s courts and their close working relationships with local prosecutors. This familiarity allows them to negotiate effectively on behalf of their clients, often finding alternative resolutions that may reduce or dismiss charges. By choosing Reisig Criminal Defense, clients can feel confident they have a skilled and trusted advocate who is dedicated to protecting their rights and future.

Moving Forward After a Domestic Violence Arrest

A domestic violence arrest can be a life-changing event, but having the right defense can make a significant difference. Understanding the process, potential consequences, and the importance of skilled legal representation is essential for achieving the best possible outcome. Reisig Criminal Defense & DWI Law is committed to guiding clients through each step with dedication and professionalism. If you or a loved one has been arrested for domestic violence in New Jersey, reach out to Reisig Criminal Defense to discuss your case and learn more about your options.

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.