Domestic violence New Jersey is not an uncommon phenomenon anymore. Some events get reported, while others remain a secret forever. Nearly all of these violence cases go unreported, mainly because of the fear of being tortured further or the lack of awareness about the laws associated with domestic violence New Jersey. Whether you are the aggressor or the accused, this article will serve as a guideline to understand the critical aspects of domestic violence in New Jersey. It will also give you an idea of restraining orders and how they work.
If your partner is constantly abusing you, then you should break your silence and seek help from our lawyers at The Law Offices of SRIS.P.C. The protection of our clients is of prime importance when dealing with such cases; our Domestic Violence Lawyer New Jersey takes the strictest care to maintain privacy while investigating your case. Yet, before you file a complaint or register a criminal case against your abuser, you should learn a few things about domestic violence.
What counts as Domestic Violence in New Jersey?
A crime done by an adult or minor against the person they share a home with is known as domestic violence New Jersey. It could be their spouse, children, ex-spouse, dating partner, parents, or a person with whom they share a child.
Domestic violence in New Jersey is not limited to physical abuse alone. Minor children are subjected to mental torture and sexual abuse in many cases, which go unnoticed and uninformed. Harassment and stalking come under domestic violence. So, if you are facing any of the above-stated conditions, you should contact our domestic violence attorney as soon as possible.
Factors To Consider While Making an Arrest
Law enforcement officers are trained to support the accuser as soon as a call for help is made. In the majority of instances, the police issue an arrest warrant as a precaution. Yet, numerous factors and conditions should be met while issuing an arrest warrant.
If the accuser exhibits external signs of injury and the weapon used to inflict the wound is obtained from the crime scene, the police will immediately arrest the accused. For an arrest of the accused, the police should get and validate enough evidence. You can consult our domestic violence lawyer to understand the conditions for arrest further.
If both the accuser and the accused show external signs of injury and both complain of being attacked, then it is the officer’s responsibility to identify the main assailant. Based on the evidence obtained and the nature of the injury, the police may make an arrest, file a complaint, or perform both.
What is a Restraining Order Under Domestic Violence?
Suppose a person who has suffered domestic violence in New Jersey feels unsafe or worried about being attacked in the future. In that case, they can file a complaint against the abuser and seek protection against them. After correlating various factors, the court will issue an ex parte domestic violence New Jersey restraining order. The defendant need not be notified before issuing a Domestic Violence New Jersey restraining order or anything related to the Prevention of Domestic Violence Act New Jersey. Yet, once the defendant is served with the order, they should abstain from contacting the person in question. If they want any information to be passed over to the sufferer, it should be done through an appointed Domestic Violence New Jersey.
The Domestic violence in New Jersey restraining order not only prohibits a person from making contact with the person who has been assaulted but will also subject them to handing over any weapon or firearm in their possession. The person who was assaulted and the accused will be summoned for a hearing wherein the accuser has to prove the occurrence of domestic violence. Once proved, the defendant will be required to pay a sum of not less than $50 and not more than $500. Based on the degree of domestic violence that occurred in New Jersey, the court will sentence the defendant to a certain amount of prison time. A minimum of 30 days of imprisonment is awarded if the defendant fails to follow the Domestic Violence New Jersey restraining order.
Consult with our domestic violence New Jersey attorney:
Whether you are the accuser or the accused, our lawyers will stand by you. Connect with our attorney at The Law Offices of SRIS.P.C., and we will immediately schedule an appointment to discuss the case. Our lawyer will maintain privacy while conducting the investigation and will strive to have justice served.
FAQs:
How can a person who has experienced domestic violence in New Jersey seek help?
Anyone can obtain a temporary restraining order (TRO) by contacting local law enforcement or the local Family Division of the Superior Court. A final restraining order (FRO) hearing will follow to determine a more permanent solution.
Can a person who was assaulted drop charges in a domestic violence case in New Jersey?
Once charges are filed, it is ultimately up to the prosecutor to decide whether to proceed. The wishes of the sufferer may be considered, but the decision is ultimately up to the state.
What legal protections are available to domestic violence survivors in New Jersey?
In addition to restraining orders, individuals may be entitled to emergency custody, financial support, and counseling services. Legal professionals can guide clients through the available protections.