New Jersey Domestic Violence Lawyer in New Jersey

I’ve Just Been Charged — What Happens to Me Now?

Getting charged with domestic violence in New Jersey is a serious and frightening experience.

Direct answer: Upon a domestic violence charge in New Jersey, you’re immediately thrust into a legal process that can include an arrest, potential temporary restraining orders, and severe penalties if convicted. Understanding your rights and having knowledgeable legal representation from the start is paramount. The initial hours and days following an accusation are critical and can profoundly impact the trajectory of your case. You could face immediate separation from your family, loss of access to your home, and restrictions on your personal freedoms. These are not merely inconveniences; they are significant disruptions that can affect every aspect of your life, from your employment to your emotional well-being.

Reassurance: It’s natural to feel overwhelmed and anxious during this time, but remember that a charge is not a conviction. Our firm is here to guide you through each step, ensuring your side of the story is heard and your rights are vigorously defended. We believe in providing clear, compassionate advocacy when you need it most. We understand the fear and uncertainty that comes with such accusations and are committed to offering steadfast support while strategically building your defense.

What the Law Says in New Jersey

Navigating the specific laws surrounding domestic violence in New Jersey requires a precise understanding of the statutes.

New Jersey’s Prevention of Domestic Violence Act (PDVA), N.J.S.A. 2C:25-17 et seq., is a comprehensive legislative framework designed to protect victims of domestic abuse. It defines “domestic violence” not as a single crime, but as the commission of various criminal acts, referred to as “predicate acts,” when perpetrated by one protected person against another. These predicate acts cover a broad spectrum of offenses, ranging from minor infractions to serious felonies. Common predicate acts under the PDVA include: Assault (N.J.S.A. 2C:12-1a): Physical harm or an attempt to cause physical harm. Harassment (N.J.S.A. 2C:33-4): Engaging in a course of alarming conduct or repeatedly committed acts with the intent to annoy or seriously alarm another person. Terroristic Threats (N.J.S.A. 2C:12-3): Threats to commit any crime of violence with the purpose to terrorize another. Stalking (N.J.S.A. 2C:12-10): Repeatedly following, harassing, or otherwise engaging in a course of conduct that causes a reasonable person to fear for their safety. Criminal Mischief (N.J.S.A. 2C:17-3): Damage to property. Sexual Assault (N.J.S.A. 2C:14-2): Any non-consensual sexual act. Kidnapping (N.J.S.A. 2C:13-1): Unlawful restraint or movement of a person. Burglary (N.J.S.A. 2C:18-2): Breaking and entering with intent to commit an offense. Criminal Trespass (N.J.S.A. 2C:18-3): Unlawful entry onto property. A “protected individual” under the PDVA includes any person who is 18 years of age or older or who is an emancipated minor and has been subjected to domestic violence by a spouse, former spouse, any present or former household member, or any person with whom the defendant has a child in common, or anticipates having a child, or with whom the defendant has had a dating relationship. The legal system in New Jersey takes these allegations very seriously, and convictions can lead to severe consequences. These may include lengthy incarceration terms, substantial financial penalties, mandatory participation in counseling or anger management programs, the permanent loss of firearm rights under both state and federal law, and the indelible mark of a permanent criminal record. Furthermore, a civil restraining order, which can be issued even without a criminal conviction, carries its own set of profound implications. Such an order can dictate your living situation, severely restrict contact with the alleged victim and your children, and impose significant limitations on your personal and professional liberties. These civil orders are entirely separate from criminal proceedings but often have intertwined and equally devastating effects. Understanding the distinct processes and their intersections is crucial for an effective defense.

What You Can Do Today

Taking proactive steps immediately after a domestic violence accusation in New Jersey can significantly impact the outcome of your case.

1. Seek immediate legal counsel. Contact a seasoned New Jersey domestic violence attorney without delay to discuss the specifics of your situation and understand your legal options. A knowledgeable lawyer can provide immediate guidance, explain your rights, and begin formulating a defense strategy. This initial, confidential case review is perhaps the most crucial step you can take in safeguarding your future.
2. Do not discuss the incident with anyone other than your attorney. This includes family members, friends, neighbors, or law enforcement officers (beyond identifying yourself and stating you wish to speak with an attorney). Any statements you make, even seemingly innocuous ones, can be misinterpreted, misconstrued, or intentionally used against you in court. Exercise your constitutional right to remain silent until you have consulted with your trusted legal counsel.
3. Gather all relevant documentation and information. This might include communication records (text messages, emails, social media interactions), detailed timelines of events, witness contact information, photographs, videos, financial records, or any other evidence that supports your defense or refutes the allegations. Organize these materials thoroughly and provide them to your attorney for their comprehensive review and strategic integration into your defense. This collected evidence can be pivotal in challenging the prosecution’s narrative and presenting your factual account.

In simple terms: contact an attorney immediately, keep silent about the incident with anyone but your lawyer, and start compiling any evidence that could help your case.

How We Start Building Your Defense

Building a robust defense against domestic violence charges in New Jersey begins with a comprehensive and strategic approach.

Our approach starts with a detailed, confidential case review. Mr. Sris, with his seasoned experience in complex legal matters, personally oversees challenging cases, ensuring a meticulous investigation into the allegations. This initial consultation allows us to listen intently to your account, understand the full scope of the circumstances, and begin to identify key areas for defense. We then meticulously scrutinize police reports, prosecutor’s disclosures, and any other evidence presented by the state. This includes questioning the validity of evidence collection, analyzing forensic reports, and identifying any inconsistencies or procedural errors on the part of law enforcement that can be leveraged in your defense. Our goal is to expose weaknesses in the prosecution’s case and build a compelling counter-narrative.

We recently represented a client who was unjustly accused of domestic assault. The situation was emotionally charged, and initially, it seemed like an uphill battle due to the immediate issuance of a temporary restraining order and the public nature of the allegations. Through Mr. Sris’s meticulous investigation and strategic legal maneuvering, including a thorough review of witness statements, cell phone records, and challenging inconsistencies in the alleged victim’s testimony and the prosecution’s evidence, we were able to demonstrate the lack of sufficient proof and an alternative narrative. The criminal charges were ultimately dismissed, and the potential restraining order was successfully avoided at the final hearing, allowing our client to regain access to their home and move forward with their life without the burden of a criminal record or civil restrictions. This outcome highlights the importance of experienced, persistent legal advocacy in navigating sensitive domestic violence cases.