Accused Of Domestic Violence In New Jersey: Here's What To Do

 Being accused of domestic violence can be an incredibly difficult and overwhelming experience, both emotionally and legally. In New Jersey, domestic violence is taken very seriously, and those who are found guilty of committing such acts can face severe consequences, including jail time, fines, and restraining orders. If you have been Accused Of Domestic Violence in New Jersey, it is important that you understand your legal rights and options. Here’s what you need to know

Definition of Domestic Violence in New Jersey

Domestic violence is defined as the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act of 1991: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order issued by the court, or any other crime involving risk of death or serious bodily injury.

Who Can Be a Victim of Domestic Violence in New Jersey?

In New Jersey, a victim of domestic violence can be any person who is 18 years of age or older, or who is emancipated, and has suffered physical, emotional, or psychological abuse from a spouse, former spouse, partner in a dating relationship, household member, or someone with whom they have a child in common.

Consequences of a Domestic Violence Conviction in New Jersey

If you are convicted of domestic violence in New Jersey, you may face several consequences, including:

* Jail Time: Depending on the severity of the offense, you could be facing up to five years in prison.

* Fines: You may also be required to pay fines and restitution to the victim.

* Restraining Orders: The court may issue a restraining order against you, which can restrict your ability to see or communicate with the victim, as well as require you to leave your home if you share it with the victim.

* Criminal Record: A conviction will result in a permanent criminal record, which can impact your future employment prospects, housing opportunities, and even your right to own firearms.

Defense Strategies for Those Accused of Domestic Violence in New Jersey

If you have been accused of domestic violence in New Jersey, there are several defense strategies that you can use to fight the charges, including:

* Self-defense: If you were acting in self-defense or defending another person, you may be able to argue that your actions were justified.

* False Allegations: Unfortunately, some people make false allegations of domestic violence out of spite, anger, or jealousy. If you believe that the allegations against you are false, you will need to provide evidence to support your claim.

* Consent: If the alleged victim consented to the act, then it cannot be considered domestic violence. However, consent is not a valid defense for certain crimes, such as sexual assault.

* Lack of Evidence: If the prosecutor does not have enough evidence to prove their case beyond a reasonable doubt, then the charges may be dismissed.

Steps to Take if You Have Been Accused of Domestic Violence in New Jersey

If you have been accused of domestic violence in New Jersey, here are the steps that you should take:

1. Contact a Lawyer Immediately: It is essential that you speak with a qualified attorney as soon as possible after being accused of domestic violence. An experienced lawyer can help you navigate the complex legal system, protect your rights, and build a strong defense strategy.

2. Do Not Speak to Police Without a Lawyer Present: If the police want to question you about the allegations, do not answer any questions without first consulting with your lawyer. Anything you say can be used against you in court.

3. Gather Evidence: Collect any evidence that supports your version of events, such as text messages, emails, witness statements, or photographs.

4. Follow Any Court Orders: If a temporary restraining order has been issued against you, make sure that you follow all of its terms and conditions. Failure to comply with a restraining order can lead to additional charges and penalties.

5. Attend All Court Dates: Make sure that you attend all scheduled court dates and hearings. Missing a court date can result in a warrant being issued for your arrest.

Conclusion

Being Domestic Violence Central Registry New Jersey can be a frightening and stressful experience. However, it is important to remember that you have legal rights and options. By understanding the definition of domestic violence, potential consequences, available defenses, and necessary steps to take after being accused, you can better protect yourself and mount a successful defense. Remember, seeking the advice and guidance of an experienced attorney is crucial when navigating the complex legal system associated with domestic violence cases in New Jersey.