new jersey domestic violence attorney cherry hill in Cherry Hill New Jersey
new jersey domestic violence attorney cherry hill in Cherry Hill New Jersey
Quick answer: If you are facing domestic violence charges in Cherry Hill, New Jersey, you need to understand your legal rights and act quickly to protect your future.
I’ve Just Been Charged — What Happens to Me Now?
Being charged with domestic violence in Cherry Hill, New Jersey, can feel overwhelming and frightening, immediately raising questions about your future and your family.
Direct answer: Upon a domestic violence charge in New Jersey, you’ll typically face immediate legal consequences, including potential arrest and the issuance of a temporary restraining order, which can significantly impact your living situation and contact with family members. The legal process moves quickly, requiring prompt action to gather information and understand the specific allegations against you.
Reassurance: It’s natural to feel uncertain during this time, but remember that a charge is not a conviction. You have legal rights, and with diligent advocacy, you can challenge the allegations and work towards a favorable outcome. Our firm is here to help you navigate this complex process, ensuring your voice is heard and your rights are upheld.
What the Law Says in Cherry Hill New Jersey
Understanding New Jersey’s domestic violence laws in Cherry Hill is fundamental to building an effective defense and protecting your rights.
New Jersey law defines domestic violence broadly under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.). This act lists specific criminal offenses that, when committed against a protected person, constitute an act of domestic violence. These include assault, harassment, terroristic threats, sexual assault, and more. A protected person includes spouses, former spouses, household members, those in a dating relationship, or those who share a child. The penalties for domestic violence convictions can range from fines and probation to significant jail time, mandatory counseling, and the issuance of a final restraining order, which has permanent civil and criminal implications.
| Offense Category | Potential Penalties | Key Legal Points |
|---|---|---|
| Domestic Assault | Fines, jail time (up to 6 months for simple assault), probation, mandatory anger management or domestic violence counseling. | Can lead to a permanent restraining order. Criminal record impact. |
| Harassment | Fines, up to 6 months in jail, restraining order. | Often linked to repeated communications with intent to annoy or alarm. |
| Terroristic Threats | Felony charges, prison time (3-5 years), significant fines. | Threats of violence to cause fear of death or serious injury. |
| Violation of a Restraining Order | Immediate arrest, additional criminal charges, potential jail time (minimum 30 days for second offense). | A separate criminal offense, even if underlying allegations are unproven. |
What You Can Do Today
Taking immediate and informed steps is crucial when facing domestic violence allegations in Cherry Hill, New Jersey.
- Secure Legal Representation Immediately: Do not delay in seeking legal counsel. The initial stages of a domestic violence case are critical, involving immediate restraining orders and potential criminal charges. An attorney can advise you on your rights, represent you during police questioning, and begin building your defense from day one.
- Understand and Adhere to Any Restraining Orders: If a temporary restraining order (TRO) has been issued against you, understand its terms completely and adhere to them strictly. Violating a restraining order, even unintentionally, can lead to immediate arrest and new criminal charges. Your attorney can explain the order’s implications and guide you on compliant behavior.
- Gather All Relevant Information and Evidence: Begin compiling any evidence that supports your account of events. This may include text messages, emails, voicemails, photographs, financial records, or contact information for potential witnesses. Providing your attorney with a comprehensive understanding of the situation is vital for constructing a robust defense.
In simple terms: Contact a knowledgeable attorney right away, follow all court orders precisely, and gather anything that tells your side of the story. These actions will lay a strong foundation for your defense.
How We Start Building Your Defense
At Law Offices Of SRIS, P.C., we approach domestic violence defense in Cherry Hill, New Jersey, with a strategic and comprehensive methodology tailored to each client’s unique circumstances.
Our initial focus involves a thorough confidential case review to understand every detail of the allegations, scrutinizing police reports, witness statements, and any evidence presented against you. We meticulously investigate the events leading to the charges, seeking inconsistencies, procedural errors, or any information that can strengthen your defense. We challenge the basis of temporary restraining orders, advocating for their dismissal or for terms that protect your rights. Our experienced attorneys are proficient in negotiating with prosecutors, aiming for reduced charges or alternative resolutions when appropriate, and are fully prepared to vigorously represent you in court to achieve the most favorable outcome.
FAQs — Fast, Spoken Answers
Here are answers to some common questions individuals have when dealing with domestic violence charges in Cherry Hill, New Jersey:
- What exactly constitutes domestic violence under New Jersey law?
- New Jersey’s Prevention of Domestic Violence Act defines it as the commission of specific criminal acts, such as assault, harassment, or terroristic threats, against a protected individual. This includes current or former spouses, household members, dating partners, or those with a shared child.
- What is a restraining order, and how does it affect me?
- A restraining order is a court order prohibiting contact between parties. A temporary one is often issued immediately, preventing you from returning home or contacting the alleged victim. A final restraining order can have permanent effects on your housing, employment, and parental rights.
- Can a domestic violence charge be dropped if the alleged victim recants?
- While an alleged victim’s desire to recant is a factor, the prosecutor’s office ultimately decides whether to pursue the charges in New Jersey. The court may still proceed, especially if other evidence supports the allegations, as the state acts to protect public safety.
- What should I do if I am served with a temporary restraining order?
- You must immediately comply with all terms of the order, even if you disagree with them. Contact an attorney without delay to discuss your legal options and to prepare for your hearing, where you can challenge the order.
- How quickly do I need to act after being charged?
- Time is critical. The legal process for domestic violence in New Jersey moves rapidly. Promptly contacting a knowledgeable attorney allows for immediate action, from advising you on police interactions to preparing your defense for upcoming court dates.
- Will a domestic violence conviction affect my ability to see my children?
- Yes, a domestic violence conviction or a final restraining order can significantly impact child custody and visitation rights. New Jersey courts prioritize the children’s safety and well-being, which often leads to restricted contact for the convicted parent.
- Are there defenses available against domestic violence charges?
- Yes, various defenses can be applicable, such as self-defense, false accusations, or insufficient evidence. An experienced attorney will review the specific facts of your case to determine the most effective defense strategy.
- What are the potential long-term consequences of a domestic violence conviction?
- Beyond immediate penalties, a conviction can lead to a permanent criminal record, affecting employment, housing, and reputation. It may also result in the loss of firearm rights and severe limitations on family interactions.
- What role does the prosecutor play in a New Jersey domestic violence case?
- The prosecutor represents the State of New Jersey and will pursue charges even if the alleged victim does not wish to. Their role is to ensure justice is served and to protect alleged victims, making a strong defense essential.
- Can I get a domestic violence charge expunged from my record in New Jersey?
- New Jersey law provides for expungement under certain conditions, but domestic violence convictions often face more stringent rules. Discussing expungement possibilities with your attorney after the case is resolved is advisable.
- How do I prepare for a domestic violence court hearing?
- Preparing involves gathering all supporting evidence, identifying potential witnesses, and thoroughly discussing your case with your attorney. They will guide you through court procedures and prepare you for questioning.
- What is the difference between a temporary and final restraining order?
- A temporary restraining order (TRO) is issued quickly, often based solely on an alleged victim’s statement. A final restraining order (FRO) is issued after a hearing where both sides present evidence, and it carries permanent legal force.
