Domestic Violence in New Jersey means a move made by one person in a relationship to control the other. When a victim of domestic violence dials 911, the alleged offender must be arrested if there is even a trace of physical harm, as required by the laws. In domestic violence cases, a restraining order is possible if there is evidence of injury. Sexual assault, aggravated assault, and stalking are all examples of domestic violence, as are name-calling and withholding money from a partner. No less than one of fourteen explicit violations should be committed for Domestic Violence in New Jersey. Simple assault and aggravated assault are two of these crimes that are committed the most frequently in cases of domestic violence.
It is essential to understand that domestic violence is a grave issue in any context. Though women and kids are disproportionately affected by domestic violence, it is vital to note that thousands of men are also victims every year. Therefore, it is necessary to act quickly to hold your abuser accountable and protect yourself simultaneously. In addition, if you have been falsely accused of domestic abuse, it is essential to safeguard yourself. If you are facing this problem, it is time to contact an experienced attorney. Our lawyer at the Law Offices of SRIS, P.C., can handle your Domestic Violence in New Jersey and find proper justice.Â
Legal Strategies for Those Accused of Domestic Violence in New Jersey
Knowing the court system in New Jersey is essential to putting together a strong defense when facing allegations of domestic abuse. It takes strategy to navigate these choppy waters and safeguard your rights and reputation. Here are some important legal tactics to think about in response to such accusations.
Seek Legal Counsel Early
Consulting with an experienced lawyer who focuses on family law or criminal defense is one of the first and most important measures when facing accusations of  Domestic Violence. Early intervention enables your attorney to compile data, evaluate the available proof, and create a thorough defense plan specifically for your case.
Maintain Evidence and Record Your Case
Paying close attention to detail is essential to building a solid defense. Save any evidence—such as voicemails, emails, or text messages—that will help you prove your case. Document all of your communications with the accuser, including times, dates, and any pertinent information. This data can be very helpful in refuting the accusations.
Understand Restraining Orders
The complainant frequently asks for a restraining order against the accused in cases of Domestic Violence New Jersey. It’s important to know what a restraining order entails because it might affect your home’s access, visitation rights, and child custody arrangements. You can challenge or change a restraining order with the help of your lawyer.
Gather Witnesses and Character References
Make a list of potential witnesses to testify in your favor. These people could be friends, relatives, or coworkers who can vouch for your moral integrity and shed light on the dynamics of your connection with the accused. Character allusions can be quite important in refuting the impression that the accusations have generated.
Explore Mediation and Counseling Options
Investigating your choices for counseling or mediation may be helpful, depending on the situation. In order to address underlying issues and stop such episodes, courts in New Jersey frequently invite parties engaged in domestic violence cases to participate in counseling or mediation. Engaging in these programs might show a dedication to self-improvement and recovery.
Difference between Domestic Violence in New Jersey and Simple Assault
Under New Jersey regulation, there are three general ways an individual can commit a simple assault. First, simple assault can be committed by anyone who attempts to cause bodily harm to another person or intentionally, knowingly, or carelessly does so; or negligently uses a deadly weapon to injure another person; or Attempts by physical danger to make another person fear serious bodily injury.
Bodily injury means causing actual body pain, infection, or damage to an individual’s body. Penalties for Domestic Violence Lawyer New Jersey and simple assault typically include a restraining order and, if convicted, the sentences that naturally follow from the original charge. For example, simple assault penalties can go up to six months in prison and $1,000 in fines. However, certain circumstances about how the offense was committed may result in reduced or increased penalties. If you are facing Domestic Violence charges for the act of threat or violence, reach our law firm today!
Domestic Violence and Aggravated Assault
A simple assault charge may be upgraded to an aggravated assault charge, which is a much more serious criminal offense if the bodily injury is severe enough or other extenuating circumstances exist, just as a fourth-degree simple assault charge can be upgraded to a third-degree charge when bodily injury occurs. When a severe bodily injury occurs, a charge of simple assault is typically elevated to aggravated assault. In New Jersey, a severe bodily injury puts a person at a high risk of death, permanently alters their appearance, or impairs their ability to perform bodily functions. When an assault causes significant physical harm, an upgrade will also take place. An injury resulting in bodily injury and causing a short-term loss of any bodily part or organ or the five senses is considered a significant physical injury. As referenced above, certain special conditions will unavoidably prompt a charge of the exasperated attack.
Depending on the specific act, aggravated assault carries severe penalties. The significant difference in penalties between aggravated assault and simple assault is that aggravated assault can carry a second-degree charge, especially if the offender has shown an extreme disregard for the value of human life or has caused bodily harm while fleeing the scene or evading an officer. If found guilty, a charge of the second degree carries a maximum sentence of ten years in prison. Subsequently, it is essential to know about this distinction.
What are the sentences for Domestic Violence in New Jersey?
The severity of the abuse will determine the precise penalties for domestic violence. Convictions for Domestic Violence in New Jersey can be fines, prison time, and restraining orders. In addition, a federal crime and aggravated charges may be filed if Domestic Violence in New Jersey is particularly serious.
Assuming that you have been accused of domestic violence, it can convey negative ramifications concerning business, your connections, and where you live. Before deciding to represent yourself, speak with a lawyer dealing with Domestic Violence in New Jersey about your case. If you are a person defending against domestic violence accusations,contact our attorney at The Law Offices Of SRIS.P.C..
Filing Lawsuit for Domestic Violence
If you have been a victim of Domestic Violence in New Jersey, you have the right to file a civil suit or criminal charges against your abuser. If you are qualified to file a suit against the perpetrator, having a record of maltreatment and a background marked by criminal allegations can be helpful.
You may be able to regain lost wages, medical costs, and other punitive damages from a civil suit. However, sometimes, the abuser will have to pay all of your court and legal fees to the court if convicted of Domestic Violence in New Jersey.
Child Custody and Domestic Violence
The judge can award joint or sole custody in any custody dispute. Custody can take one of two forms: physical and legal. Legal custody is a parent’s right to help make important decisions about a child’s life. Physical custody refers to the place the child resides and who provides primary care, such as feeding and bathing the child.
While the courts consider various factors while awarding child custody, they ensure that there is no domestic violence and that the child has a safe environment to live in. In simple terms, the judge will make sure that the custody is in the best interests of the kids involved. So, domestic violence has a significant role to play in a child custody case.
Domestic Violence in New Jersey
New Jersey’s Code of Criminal Justice defines Domestic Violence in New Jersey as actions that include one or more of the following acts:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Burglary
- Criminal trespass
- Harassment, and
- Stalking.
Contact Our Lawyer
Our attorney at the Law Offices of SRIS, P.C., will help you navigate the necessary, complicated procedures, no matter what your legal problem may be. Additionally, we can assist you and protect you during guardianship fights, alimony, divorce matters, etc. We’re a privately possessed organization and offer decisive legitimate types of assistance. Our New Jersey Domestic Violence Attorney has the requisite experience to handle your domestic violence case. With knowledge and experience, you can be sure you are in safe hands and can get justice. Therefore, do not hesitate to call our domestic violence attorney at any time for total legal aid.
FAQs
After a restraining order is filed in New Jersey, may I drop the accusations against me?
Although you can tell the court what you want, only a judge has the authority to drop charges or alter a restraining order. Before rendering a ruling, the court takes into consideration the victim’s safety as well as the available evidence.
What rights does a New Jersey restraining order grant?
In addition to forbidding the abuser from visiting your home and handling child custody and support issues, a restraining order may include no-contact clauses. There may be criminal consequences for breaking a restraining order.