Domestic Violence Charges In NJ…. And The “Lifetime” Restraining Order That Comes With A Conviction
Domestic Violence describes a special class and category of crimes, where penalties and procedures are more extensive and severe – a professional Domestic Violence Defense Attorney in New Jersey is a must have.
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.
If you commit specific crimes against a:
- Former spouse
- Current or former household member, family member, or roommate
- A person with whom you have a child in common
- A person you’ve had a past dating relationship with….
You will be arrested for domestic violence and face the charge as an “act of domestic violence”.
You will obviously see a criminal court judge for the alleged crime. You will also have a restraining order process begun immediately which falls in front of a Family Law Court Judge.
Here’s the problem many people face in New Jersey; because you face both a criminal conviction and restraining order, many are not sure who to hire….a criminal lawyer or family court lawyer.
Many people hire a family law attorney to handle the matter initially because the person is worried more about the temporary restraining order from the Family Court.
And that can be a HUGE mistake because….
If the temporary restraining order is put it place by the Family Law Court, it will change to a “LIFETIME” restraining order if you are convicted.
This person should be getting a Domestic Violence Defense Attorney in New Jersey to handle both issues. They can do both, where a family court lawyer may really struggle in criminal court.
Call me for a free evaluation….before you end-up like so many others in this situation – (732) 625-9661.
After An Arrest For Charges Related To Domestic Violence
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 an experienced Domestic Violence Defense Attorney in New Jersey 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.
As I indicated above, 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:
- Assault (N.J.S.A. 2C:12-1)
- Burglary (N.J.S.A. 2C:18-2)
- Criminal Restraint (N.J.S.A. 2C:13-2)
- Criminal mischief (N.J.S.A. 2C:17-3)
- Criminal sexual contact (N.J.S.A. 2C:14-3)
- Criminal trespass (N.J.S.A. 2C:18-3)
- False Imprisonment (N.J.S.A. 2C:13-3)
- Homicide (N.J.S.A. 2C:11-1)
- Kidnapping (N.J.S.A. 2C:13-1)
- Lewdness (N.J.S.A. 2C:14-4)
- Sexual assault N.J.S.A. 2C:14-2
- Stalking (N.J.S.A. 2C:12-10)
- Terroristic threats (N.J.S.A. 2C:12-3)
- Harassment (N.J.S.A. 2C:33-4)
- Restraining Order Violations
Domestic Violence Penalties
Someone charged with domestic violence may acquire additional underlying criminal charges, along with their accompanying consequences. Penalties for cases of domestic violence, and their additional charges, 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. As an experoenced Domestic Violence Defense Attorney in New Jersey, 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 employ 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 By A Professional Domestic Violence Defense Attorney 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 as a Domestic Violence Defense Attorney in New Jersey to help you out of your difficult situation. Call me to find out how I can help you.
Matthew Reisig, Attorney at Law
(888) 628-8394 or locally at (732) 625-9660