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 in New Jersey 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 in New Jersey cases, a restraining order is possible if there is evidence of injury. Sexual assault, aggravated assault, and stalking are all examples of Domestic Violence in New Jersey, as are name-calling and withholding money from a partner. No less than one of fourteen explicit violations should be committed for a Domestic Violence in New Jersey conviction. Simple assault and aggravated assault are two of these crimes that are committed the most frequently in cases of Domestic Violence in New Jersey.
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 and a victim of Domestic Violence in New Jersey, 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.
What is Domestic Violence in New Jersey?
A pattern of offensive conduct in a relationship that a partner uses to gain or maintain control over their family member is known as Domestic Violence in New Jersey. Domestic Violence in New Jersey incorporates many sorts of misuse, such as physical, sexual, emotional, psychological, or economic abuse, threats, stalking, and cyber-stalking. If you are facing this issue, it is time to contact an attorney.
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 making 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 in 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.
Domestic Violence in New Jersey 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.
Who can be victims of Domestic Violence in New Jersey?
Spouses, live-in partners, family members, children, and cohabitants can all be victims of Domestic Violence in New Jersey. Dating violence is a type of abusive behavior at home. Before deciding whether a person should be charged with Domestic Violence in New Jersey, judges typically consider the length and type of the relationship, the evidence, and the frequency with which the partners interact.
What are the sentences for Domestic Violence in New Jersey?
The severity of the abuse will determine the precise penalties for Domestic Violence in New Jersey. 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 in New Jersey, 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.
Filing Lawsuit for Domestic Violence in New Jersey
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.
Seeking Help for Domestic Violence in New Jersey
Police take Domestic Violence in New Jersey seriously. Since Domestic Violence in New Jersey convictions has severe punishments, the courts expect the complainant to provide exhaustive proof to convict the victimizer.
A Domestic Violence in New Jersey attorney can assist you in gathering compelling evidence of abuse, presenting it to a judge, requesting a restraining order, and representing you in court. Additionally, a Domestic Violence in New Jersey attorney can assist you in filing a civil lawsuit against your abuser.
Problems with Domestic Violence in New Jersey can be emotional and complicated. This is particularly evident assuming youngsters are involved. To assist you in pursuing justice and safeguarding yourself, a Domestic Violence in New Jersey lawyer can be a helpful and reasonably priced option.
Domestic Violence in New Jersey and Restraining Order
Restraining orders are a result of aggravated assault cases involving domestic violence. A restraining order can be issued with little to no evidence in New Jersey. Furthermore, an infringement of a restraining order brings about free charges for criminal disdain, and a second infringement brings about a prison sentence. Criminal contempt in Domestic Violence in New Jersey is a fourth-degree offense that conveys punishments of as long as eighteen months in jail and $25,000 in fines if convicted.
Domestic Violence in New Jersey and Child Custody
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 in New Jersey 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.
Who are victims of Domestic Violence in New Jersey?
Any one of the following can be considered a victim of Domestic Violence in New Jersey:
- individuals who have been dating when they’re abused
- individuals who have a kid together when they’re abused
- pregnant ladies who are abused, and
any individual who is age 18 or more, or who is a liberated minor (an individual younger than 18 who has married, served in the military, had a kid, been pregnant, or been pronounced legitimately independent by an administrative agency or court) who has been exposed to any of the above demonstrations of Domestic Violence in New Jersey.
Domestic Violence in New Jersey
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 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 in New Jersey attorney at any time for total legal aid.