Domestic Violence

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.

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.

Police departments around the world are noting one unanticipated benefit from the global response to the Covid-19 / Coronavirus pandemic: crime rates in country after country have plummeted.

In fact, nearly the only category of calls that have surged are those for domestic violence. In this case, experts are not puzzled. By limiting movements, ordering many businesses closed, and urging people to stay at home unless a trip is absolutely necessary, Chicago saw drug arrests fall by 42% and overall crime drop 10%.

El Salvador, gripped by gang terror for years, has watched its murder rate shrivel from a high of 600 a day a few years ago to two per day over the last month. One mortician in Peru, where crime has fallen 84% since Coronavirus response policies went into effect, told reporters that he has almost no business. He normally sees up to 15 bodies a day. “There are almost no killings or car accidents these days,” he said.

On the other hand, numbers are beginning to come in about a troubling uptick in domestic violence. Houston Police Chief Art Acevedo told reporters that aggravated assaults were up 10% in the last two weeks of March and first week of April, largely fueled by disputes between family members in the home.

Authorities in Missouri are concerned that calls to the state’s child abuse and neglect hotline have fallen off by half since the state went under stay-at-home. They fear that with kids at home instead of in school, no one is willing to make the call.

The tri-state area has been hit harder by the coronavirus pandemic than nearly any other area on Earth, and state agencies across the region are noting increases of 15-20% in reports of domestic violence.

After New York City’s Family Justice Centers, which work with victims and survivors of domestic violence, were ordered closed, domestic violence advocacy groups saw a sharp rise in website visits. New Jersey’s Coalition to End Domestic Violence (NJCEDV) released a statement that said, “Avoiding public spaces and working remotely can help to reduce the spread of COVID-19, but for many survivors, staying home may not be the safest option.

Abuse is about power and control. During times of crisis, and especially forced isolation, incidents of domestic violence often rise, and violence may escalate.” If you are home with an abuser, or if you have been arrested for domestic violence in New Jersey, it’s vital to you and your children that you get the help you need during this time of crisis.

Call Matt Reisig today at 732-385-3339 for a free consultation with an experienced New Jersey domestic violence lawyer.

Around the country, police departments and municipalities are reporting an alarming rise in domestic violence calls amid the unprecedented stay-at-home orders in place in most states, including New Jersey.

In California, which went into lockdown before many other states, San Francisco Mayor London Breed told reporters that the city saw a first-week spike in domestic violence calls of 60% over the same week the year before.

In New Jersey, services that assist victims of domestic violence are finding themselves stretched thin. In an ordinary year, New Jersey’s domestic violence agencies serve more than 18,000 victims of abuse, and everyone anticipates that 2020 will be much, much worse.

According to Susan Dyckman of Women Aware of New Brunswick, “Many adults cannot go to work. Children are not in school. Stores, malls, libraries, gyms, restaurants are closed.

Social distancing discourages visits with extended family or friends. Fear, anxiety, frustration and uncertainty are running high. Families are together day and night. In a domestic violence situation, this is the perfect storm to trigger an escalation in abuse.”

If you find yourself in a dangerous situation with a family member during the lockdown, or you have been arrested on domestic violence charges, an experienced New Jersey domestic violence attorney can see that you and your children are safe, and that your rights are protected.

Call Matt Reisig today at 732-385-3339 for a free, confidential consultation.

As the Coronavirus pandemic spreads, we are living through an unprecedented event that is straining not only our public resources and economy, but taxing us personally as well.

For many people, the adoption of stay-at-home orders has been difficult. Jobs have been erased, supplies can be difficult to find, and everyone is living with the fear of contracting the virus.

Unsurprisingly, police, hospitals, and lawyers are reporting an uptick in domestic violence incidents.  Just because so-called ‘non-essential’ parts of our community are closed, that doesn’t mean that police aren’t responding to calls about violence in homes.

In normal times, a domestic violence arrest is a huge problem. In the current environment, it’s that and so much more.

Here’s why you need an experienced domestic violence attorney right away if you’ve been arrested for domestic violence in New Jersey during the Covid-19 lockdown:

• Jails are a hotspot for virus transmission. You need to be released as soon as humanly possible to protect your health and your family’s health.
• Domestic violence charges can lead to a restraining order that prevents you from going home. Where are you supposed to stay while the pandemic burns through our communities? What friends or family are going to welcome you into their homes after you’ve been in jail where, as noted, the virus spreads freely.
• Domestic violence charges will impact your ability to see your children, and during the current crisis, it’s hard to imagine a judge allowing you face-to-face contact with your kids without a 14-day quarantine after your release.

Now more than ever, you need a lawyer who knows how to fight.

Again, domestic violence charges in New Jersey are extremely dangerous to you in the best of times. During a public health emergency like the Coronavirus crisis, charges like this can endanger your health and make you homeless.

The stakes are far too high to try to navigate this on your own. You need a lawyer who’s been there, done that, and knows the judges and prosecutors involved in your case.

Matthew Reisig has defended the rights of New Jersey residents facing domestic violence charges for more than two decades now, and has built the experience and the relationships to help you find the best outcome in a bad situation.

Because of the dangers of holding you in custody and forcing you out of your home while a potentially deadly virus is circulating, you need a lawyer who can effectively argue for creative solutions while your case works its way through the system.

Let’s all remember: despite the numerous victim’s protections written into New Jersey’s domestic violence laws, you are innocent until proven guilty. Contracting a dangerous virus is not a penalty that appears in New Jersey statute, and you shouldn’t have to run that risk because of a mere allegation of wrongdoing.

If you or a loved one have been arrested for Domestic Violence in New Jersey while the state is under a stay-at-home order, call Matthew Reisig right away at (732) 625-9661.

The consultation is 100% free, and it can make a huge difference not only in the eventual outcome of your case, but in the immediate impacts of an arrest during the Covid-19 outbreak. Do not delay.

Facing a domestic assault charge is a serious and complex situation. If you’ve been arrested for domestic violence in New Jersey, you may wonder whether your spouse can be forced to testify against you.

In most criminal cases, New Jersey law allows spouses to refrain from testifying against each other. However, domestic assault cases are different due to the nature of the charges and the legal protections for victims. In these cases, a spouse can indeed be compelled tapproach o testify, and if prosecutors believe the spouse is not telling the truth, they could even face perjury charges.

This exception is part of New Jersey’s approach to handling domestic violence cases with extra caution. Domestic violence charges are taken very seriously in the state because they involve the potential for ongoing harm to victims. For this reason, prosecutors have more flexibility in requiring a spouse to testify, and they are often committed to moving forward with the case even if the spouse wishes to avoid testifying.

The Role of the Prosecutor in Domestic Violence Cases

In New Jersey, prosecutors play a significant role in domestic assault cases. Even if the spouse who made the initial report decides they don’t want to pursue charges or testify, the prosecutor has the authority to continue the case. Prosecutors in New Jersey are focused on protecting victims and ensuring that justice is served, which means they will often proceed with a case even if a spouse has changed their mind about testifying. This approach aims to prevent situations where a victim might feel pressured to withdraw or change their testimony out of fear or other external pressures.

In some cases, a spouse may want to recant their initial statement or withdraw from the case entirely. However, this decision is not straightforward, as recanting or refusing to testify can bring additional scrutiny from prosecutors. A spouse attempting to recant or back out may face significant challenges and risks, including legal consequences if prosecutors believe they are acting under duress or attempting to obstruct justice.

What Your Spouse Should Know About Recanting or Withdrawing Testimony

If your spouse wishes to recant their initial statement or withdraw from testifying, it’s essential that they fully understand the potential consequences of doing so. They may face questioning from the prosecutor about their reasons for changing their story, and any inconsistencies or signs of pressure could complicate their position in court. If your spouse is considering this step, it’s wise for them to have their own legal representation to protect their rights and interests. An attorney can advise them on the best course of action and shield them from possible legal repercussions that may arise from a recantation or withdrawal.

Why Your Spouse Should Seek Legal Help

Navigating a domestic violence case in New Jersey can be complex, especially if your spouse has changed their stance on the initial complaint. Given the legal risks involved, it’s beneficial for your spouse to have their own attorney who can provide guidance on how to interact with the prosecution and understand the impact of their testimony or decision to withdraw. If they plan to take any action that might alter their initial statement or withdraw from the case, an attorney can help ensure they’re making informed choices that won’t put them at further risk with the legal system.

Reisig Criminal Defense & DWI Law: Trusted Legal Support in New Jersey

For almost 30 years, Reisig Criminal Defense & DWI Law has been a trusted and effective advocate for individuals facing criminal charges in New Jersey, including domestic violence cases. Matthew Reisig and his team bring years of experience and deep knowledge of New Jersey’s criminal justice system to every case. They understand the complexities of domestic assault cases and the challenges that clients and their families face. Reisig Criminal Defense is committed to protecting their clients’ rights and guiding them through each step of the legal process with skill and integrity.

With a strong record of successful outcomes, Reisig Criminal Defense is known for defending clients in difficult situations and providing personalized, results-driven strategies. Their team is familiar with how New Jersey prosecutors handle domestic violence cases and can provide strategic defenses to counter aggressive prosecution tactics. Whether you’re facing charges or your spouse is considering how to respond to a subpoena, Reisig Criminal Defense is equipped to offer comprehensive support.

How Reisig Criminal Defense Can Help Your Spouse

If your spouse needs advice on whether to testify or wants to explore options for recanting or withdrawing from the case, Reisig Criminal Defense & DWI Law can offer skilled advocacy. By contacting Matthew Reisig’s office at (732) 625-9661, your spouse can receive guidance on how to proceed safely and legally. An experienced attorney can ensure their voice is heard, protect their rights, and help them make informed decisions about their involvement in the case.

We Can Help

Being arrested for domestic violence is an overwhelming experience with serious legal and personal consequences. Understanding the legal implications and what your spouse may face if they are compelled to testify is critical. In New Jersey, domestic violence cases allow for spousal testimony, and even if your spouse is reluctant to testify, prosecutors often proceed regardless.

Reisig Criminal Defense & DWI Law has established itself as one of New Jersey’s most respected law firms in handling domestic violence cases. With nearly three decades of experience, they provide dedicated, knowledgeable, and compassionate legal representation. If you or your spouse are dealing with a domestic assault case, reach out to Reisig Criminal Defense for trusted advice and skilled legal support.

More Information, Thoughts & Legal Strategies For Domestic Violence

• What Does A New Jersey Domestic Violence Charge Of Criminal Mischief Mean?
• What’s The Penalty For Domestic Violence In New Jersey?
• Do Police Have To Arrest Someone When There’s A Domestic Violence Call In NJ?
• Can The State Of NJ Take My Handgun If I Am Charged With Domestic Violence?
• What Happens After A Domestic Violence Arrest In NJ?
• How Do You Get Domestic Violence Charges Dropped In New Jersey?
• Will I Go To Jail For Domestic Violence In NJ?
• How Do You Fight Domestic Violence Charges In NJ?
• Domestic violence bail options
• Can A Judge Put Me In Jail After A Restraining Order Hearing?
• Can a domestic violence restraining order be removed?
• Do I need a lawyer for a domestic violence charge?
• How to clear a domestic violence record
• How To Get Rid Of A Restraining Order In New Jersey
• How to Get a No-Contact Order Lifted in New Jersey
• How long does a domestic violence case take?
• How Does A Temporary Restraining Order Get Issued In NJ?
• Is Stalking Considered a Form of Domestic Violence In NJ?
• Who Has The Burden of Proof In A Final Restraining Order Hearing In New Jersey?
• Is There Always A Temporary Restraining Order Issued After A Domestic Violence Arrest?
• Is “Domestic Violence” An Actual Charge In NJ?
• What Is Considered Domestic Violence In NJ?
• First-time domestic violence offense penalties

Criminal Mischief in New Jersey is the destruction or tampering with property belonging to another, and is generally charged on a scale to reflect the value of the property in question.

Understanding a Domestic Violence Charge of Criminal Mischief in New Jersey

Being charged with Criminal Mischief as part of a domestic violence incident in New Jersey can feel overwhelming, especially because the charge can have serious and lasting impacts on your life. Criminal mischief typically involves the destruction or tampering with property that belongs to another person.

Under New Jersey law, the value of the damaged property plays a major role in how the charge is classified and the potential penalties. For example, breaking someone’s window or tagging property with graffiti may be criminal mischief, but other actions can lead to more severe charges, especially when domestic violence is involved.

In domestic situations, criminal mischief can arise from incidents where emotions run high and actions spiral out of control. If you get into a heated argument with a partner or spouse and damage their property—such as smashing a phone during an argument—that can lead to a criminal mischief charge. When this behavior occurs within a domestic context, it also falls under New Jersey’s domestic violence laws, which carry their own specific consequences.

How Criminal Mischief Charges Are Classified in New Jersey

The seriousness of a criminal mischief charge depends on the value of the property that was allegedly damaged. If the damage is minor, it might be charged as a disorderly persons offense. However, if the value of the property is higher, the charge can be classified as a crime in the fourth or even third degree. For example:

• Disorderly Persons Offense: Typically, if the property damage is under a certain value threshold, it may be classified as a disorderly persons offense, which is a less serious charge.
• Fourth Degree Crime: If the value of the damaged property is higher, the offense might be escalated to a fourth-degree crime.
• Third Degree Crime: In cases where property damage is significant, it could lead to a third-degree charge, with more severe penalties.

These classifications matter because higher-degree charges can result in longer jail sentences, higher fines, and additional legal consequences.

Additional Consequences of Domestic Violence Charges

In New Jersey, criminal mischief tied to domestic violence comes with additional consequences beyond fines and potential jail time. If you’re charged with domestic violence, the court may issue a restraining order against you. This order can affect many aspects of your life. For example, a restraining order can restrict you from visiting your own home, seeing your children, or even being in the same vicinity as the alleged victim. These restrictions are intended to protect all parties involved, but they can also disrupt your personal and family life, making it challenging to maintain your daily routine and relationships.

Having a domestic violence-related charge on your record can make it more difficult to secure employment, housing, or even loans in the future. Employers and landlords may view a domestic violence conviction negatively, which can have long-term impacts on your career and housing opportunities. Because of these wide-ranging consequences, it’s essential to take a domestic violence-related criminal mischief charge seriously and understand the stakes involved.

The Importance of Legal Representation

If you’re facing a criminal mischief charge tied to domestic violence, it’s crucial to have an experienced defense attorney by your side. Navigating the legal system in New Jersey is complicated, especially with domestic violence cases that involve specific rules and requirements. An experienced lawyer can help you understand your rights, assess the evidence, and build a strong defense based on your situation.

Reisig Criminal Defense & DWI Law is one of New Jersey’s most respected and trusted criminal defense firms, with nearly 30 years of experience defending clients across the state. Known for their commitment to providing personalized and aggressive defense strategies, Reisig Criminal Defense & DWI Law has a strong track record of success in domestic violence cases. With their deep understanding of New Jersey’s criminal justice system, they can help you protect your rights and guide you through every step of the legal process.

Defending Against Criminal Mischief Charges

In many cases, a skilled defense attorney can challenge the evidence presented against you in a criminal mischief case. They may argue that the property damage was accidental or that there wasn’t enough proof to show you intended to cause harm. In some cases, lawyers can negotiate with prosecutors to have charges reduced or dismissed altogether, depending on the circumstances of the case and the quality of the evidence. For example, if a lawyer can prove that you had no intention of damaging the property or that the incident was an accident, the prosecution’s case may be weakened.

An experienced attorney can also help you understand your options if a restraining order is involved. They may work to modify or challenge the order, helping you maintain access to your home or children while the case is ongoing. These kinds of defense strategies can make a significant difference in the outcome of a domestic violence-related criminal mischief charge.

Protect Your Future with the Right Legal Support

If you’re facing a criminal mischief charge under New Jersey’s domestic violence laws, the choices you make now can impact your life for years to come. Criminal mischief charges related to domestic violence carry significant consequences, from possible jail time to restrictions on your personal life and long-term impacts on your career and reputation. It’s critical to have a strong legal advocate in your corner.

Reisig Criminal Defense & DWI Law has spent nearly three decades helping individuals in New Jersey navigate challenging legal situations like these. Their commitment to providing experienced, compassionate, and personalized defense has made them one of the most trusted criminal defense firms in the state.

If you’re dealing with a criminal mischief charge as part of a domestic violence case, don’t face it alone. Call Reisig Criminal Defense & DWI Law at 732-625-9661 for a free consultation and take the first step toward protecting your future and preserving your rights.