In many cases of domestic violence, the facts may become hazy, and sometimes people make accusations out of resentment or vengeance. Regardless, a claim of domestic violence has the same potential severe criminal consequences as any other type of crime. Since the accused and victim share or have shared some profound bond, an essential move in most domestic violence cases is to get a Temporary Restraining Order to stop any contact between the parties. However, if you are convicted of a domestic violence crime that involves specific violent acts rather than merely threats, the penalties won’t end there. You could face significant jail time, monetary fines, and a permanent criminal record. Since the matter is severe, getting in touch with experienced New Jersey Domestic Violence Lawyers is crucial. Our New Jersey Domestic Violence Lawyers at the Law Offices of SRIS, P.C., can help you with the case.
Our New Jersey Domestic Violence Lawyers know the subtle and disturbing nature of domestic violence offenses. Our New Jersey Domestic Violence Lawyers have the experience to conduct the in-depth investigation required to discover all evidence related to the accusation against the accused. In numerous cases, the police will be lawfully expected to arrest, assuming the supposed victim shows any indications of injury or that actual maltreatment has occurred. This transforms a domestic dispute into a criminal matter that necessitates the assistance of experienced New Jersey Domestic Violence Lawyers. Don’t think you can handle the situation if you’ve been accused of domestic violence in North Jersey. Call or email our skilled New Jersey Domestic Violence Lawyers for a private consultation today.
New Jersey Domestic Violence Lawyers – What are the laws?
Even though numerous existing criminal laws already apply to domestic violence incidents, the Prevention of Domestic Violence Act recognizes the necessity of specific domestic violence laws. In domestic violence emergencies, victims have had difficulty obtaining protective orders from the judicial system.
Though many domestic violations accusations are criminal offenses under different rules, the PDVA furnishes domestic violence victims with potential chances to seek help through the common court framework. For example, under the PDVA, victims of domestic violence can apply to civil courts for emergency restraining orders. In addition, the PDVA directs cops on how to respond to calls about domestic violence, including making arrests of suspects when there is a cause to believe that domestic violence did occur. Contact experienced New Jersey Domestic Violence Lawyers to know more.
New Jersey Domestic Violence Lawyers help understand the Law
Domestic violence is treated seriously, and the legislature has enacted explicit laws that apply in instances of domestic violence.
Allegations of domestic violence can be made against the following under the New Jersey Domestic Violence Act:
- An ex or current spouse,
- An ex or present member of the same household,
- An ex or present romantic partner,
- Parent of one’s child or unborn child.
Under New Jersey law, even if the alleged victim does not appear to have been physically harmed, the cops can arrest at the scene of a potential domestic violence dispute if:
- A weapon was involved,
- If there is a possible internal injury,
- Law enforcement believes there is a credible cause for arrest, and the victim claims that they have suffered an injury,
- The accused has violated a restraining order.
Also, our New Jersey Domestic Violence Lawyers will tell you that you could be charged with assault, sexual assault, burglary, criminal trespass, stalking, harassment, terroristic threats, lewdness, or even homicide in addition to the actual domestic violence charge.
Our New Jersey Domestic Violence Lawyers can help you deal with these issues.
New Jersey Domestic Violence Lawyers – Who can complain?
Those over the age of 18 or an emancipated minor, which means someone under the age of 18 who has been married, entered the military, had a child, is pregnant, or has been declared emancipated by a court or administrative agency; a person who has been the victim of domestic violence by a spouse, ex-spouse, current or ex household member, current or ex romantic partner, or a person with whom they have a child or expect to have one in the future.
Regardless of age, an individual has been the victim of domestic violence committed by a partner with whom they have or anticipate having children.
An individual encountering domestic violence is because of a person with whom they have a current or previous relationship, not considering their age.
New Jersey Domestic Violence Lawyers - What to do in case of arrest?
Staying calm and abstaining from provocative statements that could imperil your case is essential. This includes avoiding making any statements to the police or the supposed victim until you have experienced New Jersey Domestic Violence Lawyers taking care of the case.
New Jersey Domestic Violence Lawyers – Who is eligible for a restraining order?
If a victim is the defendant’s spouse, former spouse, present or former household member, has a child in common, or was in a dating relationship with the defendant, they are entitled to protection under this law.
New Jersey Domestic Violence Lawyers – How to obtain a restraining order?
A temporary restraining order can be requested from the Court or the police. To make a decision, the judge will look at the allegations in the complaint, the victim’s testimony, the testimony of police officers and other witnesses, and any other evidence that was presented. Talk to New Jersey Domestic Violence Lawyers to know more.
New Jersey Domestic Violence Lawyers - Recanting the case
The statements a victim makes to the police about being a victim of domestic violence will be used as evidence to bring criminal charges against the attacker. If the victim changes their story or reclaims the assertion out and out, it’s known as recanting. This can occur at any point in the case, even during the trial.
Even if the recanting victim cooperates, there will typically be sufficient independent evidence to proceed with the prosecution. Investigators frequently expect domestic violence victims to recant their assertions. Prosecutors may even use tactics more akin to those used in homicide cases when they assume there will be no witnesses.
Unfortunately, when victims of domestic violence recant, it is not always possible to proceed with the case. As a result, the crime goes unpunished from time to time, leaving the victim vulnerable to future domestic violence.
Victims of domestic violence suffer severe harm. Prosecutors rely on credible testimony from victims, just as they do with any crime. Contact experienced New Jersey Domestic Violence Lawyers if you have any inquiries regarding a case involving a recanting victim or domestic violence. Being a victim of domestic violence, don’t allow yourself to get constrained into recanting. Get help immediately by contacting New Jersey Domestic Violence Lawyers.
New Jersey Domestic Violence Lawyers
Whether you are presently engaged in an abusive relationship, you are amidst endeavoring to do away with an unsafe circumstance, or on the other hand, you are being blamed by a partner who is trying to abuse the law to rid you of guardianship or visitation rights, you ought to search out for accomplished New Jersey Domestic Violence Lawyers dealing with these matters.
Our New Jersey Domestic Violence Lawyers are aware that you may be facing charges of domestic violence based on a single incident that is part of a more significant conflict that boiled over. Our New Jersey Domestic Violence Lawyers will be there for you, even if that means conducting our independent investigation into what happened so that you can have the right defense possible.
Most New Jersey Domestic Violence Lawyers will:
- Evaluate whether we may present a strong defense based upon self-defense or a mistake of fact,
- Determine whether anyone witnessed the alleged violence and interview those witnesses,
- Determine whether any extraneous factors, such as alcohol, drugs, or a history of mental problems, may have come into play,
- Examine the police behavior and respect for your constitutional rights, including Miranda violations or illegal search and seizure.
- Examine any 911 calls to determine whether they reveal evidence in your support.
- Subpoena and review any medical records.
From the reasons cited above, it is evident that engaging New Jersey Domestic Violence Lawyers to deal with your case is vital.
New Jersey Domestic Violence Lawyers can work out a solid defense to expedite your release from custody and minimize any adverse results, such as a restraining order or jail time.
Do you face domestic violence-related criminal charges? Then contact our New Jersey Domestic Violence Lawyers immediately to schedule a consultation. Our New Jersey Domestic Violence Lawyers at the Law Offices of SRIS, P.C., are conveniently located to clients’ easy accessibility.
New Jersey Domestic Violence Lawyers – Why you should hire us?
When you hire our New Jersey Domestic Violence Lawyers, you know that your case will be handled carefully. Our New Jersey Domestic Violence Lawyers are aware of domestic violence’s impact on divorce. Being a victim of domestic violence, it will likely affect the course of your case and influence crucial issues like child custody arrangements.
Our New Jersey Domestic Violence Lawyers can assist you in obtaining a restraining order to safeguard you and your children. You can rely on our New Jersey Domestic Violence Lawyers to act immediately. Our New Jersey Domestic Violence Lawyers have a strong desire to end domestic and child abuse, as well as to safeguard families and children.
Our New Jersey Domestic Violence Lawyers also recognize that false accusations may be leveled against you during a contentious divorce. We are well-versed in how to respond to defamatory allegations of domestic violence that have been made to gain an advantage in the divorce. So, do not hesitate to contact our New Jersey Domestic Violence Lawyers for a consultation.