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Domestic Violence
In 1991, the State of New Jersey passed the Prevention of Domestic Violence Act to address violence between spouses or couples who live together.
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Domestic Violence Charges in New Jersey
In 1991, the State of New Jersey passed the Prevention of Domestic Violence Act to address violence between spouses or couples who live together. This Act provides two forms of relief. The first is civil relief in the form of Temporary and Final Restraining Orders, and the second, is Criminal relief in which the accused is charged criminally.
New Jersey takes Domestic Violence very seriously. In fact, all of the State’s law enforcement agencies and courts utilize a statewide Domestic Violence Central Registry that provides up to date information on all restraining orders issued in the State. In addition to Criminal consequences, Domestic Violence issues and convictions can often have a detrimental effect on Family Law matters, such as child custody disputes. If you have been arrested or charged with a Domestic Violence offense in NJ, you need to speak to Joel Silberman as soon as possible.
Two Forms of Relief
The Prevention of Domestic Violence Act provides two forms of relief:
Civil Relief
Civil relief runs in the Family Part: a Temporary Restraining Order first, then a final hearing — usually within days — at which the court decides whether to enter a Final Restraining Order. A New Jersey Final Restraining Order does not expire. It stays in force unless a court later dissolves it.
Criminal Relief
The second is Criminal relief in which the accused is charged criminally.
What a Restraining Order Can Include
When someone files a domestic violence complaint, the court can issue a temporary restraining order against the person accused — often the same day, and often after hearing only the complainant’s account. A temporary order can:
If the Allegations Are Proven
If the court finds the allegations proven at the final hearing, a restraining order can include:
Criminal Contempt of a Restraining Order
If a person knowingly violates any of the terms defined in the domestic violence restraining order, he or she may be charged with a crime in the fourth degree, which can carry up to 18 months in prison and a $10,000 fine.
Prison time is not mandatory for a first time conviction of criminal contempt of a domestic violence restraining order. A person convicted of a second or subsequent contempt offense for violating a domestic violence order, must serve a minimum of 30 days in jail.
Possible Defenses in Domestic Violence Case
Self Defense
Innocence
Prosecution has insufficient evidence to satisfy their burden
Sentencing Consequences in a Domestic Violence Case
Probation
Imprisonment
Restraining Order (Temporary or Final)
Counseling
Inclusion on the Domestic Violence Registry
Fines
What Clients Say
Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”
Contact Experience Domestic Violence Attorney New Jersey
New Jersey domestic violence charges are very serious and conviction of a domestic violence offense in NJ, can carry severe consequences, including time in prison and the issuance of a restraining order that can limit your freedom. If you are accused of domestic violence, you should speak with a NJ domestic violence attorney right away. An experienced NJ Domestic violence attorney will provide valuable guidance throughout your case, while protecting your fundamental rights.
Call 201-420-1913Free Consultation