Facing domestic violence charges in New Jersey can be an incredibly stressful and daunting experience. If the police are called to your home due to a domestic dispute, New Jersey law mandates an arrest if the accuser, be it a spouse, partner, or family member, exhibits any sign of injury. Even in the absence of visible injuries, you can still be arrested and charged. The immediate consequence of a domestic violence charge is often a restraining order, which can profoundly disrupt your family life and financial stability. Furthermore, if you are charged with additional offenses like harassment, stalking, assault, or kidnapping, you could face severe penalties, including jail time and substantial fines.
If you’re facing domestic violence charges or related offenses in New Jersey, it’s crucial to seek immediate legal counsel. An experienced Domestic Violence Lawyer Nj can provide critical guidance, helping you understand the charges, build a robust defense, and represent you in court. At the Law Offices of Jonathan F. Marshall, our seasoned attorneys are dedicated to preventing family disputes from escalating into serious criminal cases that could tarnish your record and future. When allegations arise, our goal is to help you navigate the legal system and achieve the most favorable outcome possible.
Domestic Violence Charges in New Jersey
Understanding the gravity of domestic violence charges in New Jersey and the importance of seeking legal counsel.
Our criminal defense team includes former New Jersey prosecutors and public defenders with extensive experience in municipal and county courts throughout the state. We leverage our strong professional relationships with prosecutors across New Jersey to advocate effectively for our clients. Known for crafting strategic solutions in criminal cases, we are also empathetic and skilled negotiators, adept at bridging divides in emotionally charged domestic violence situations.
Don’t wait to get the help you need. Contact a domestic violence lawyer NJ at the Law Offices of Jonathan F. Marshall today. We have nine convenient locations across New Jersey. Your initial consultation is free, and it could be the first step in safeguarding you from the long-term repercussions of domestic violence charges. Call us now at 877-328-0980 for immediate assistance.
Navigating a Domestic Violence Complaint in New Jersey: What to Expect
New Jersey law enforcement is rigorously trained to address domestic violence incidents with a strong stance, aiming to curb violence within homes and communities. State regulations mandate that police officers must arrest a suspect and file a criminal complaint if a domestic violence victim shows any signs of physical injury resulting from a domestic violence act.
Beyond visible injuries, arrests are also mandatory under the following circumstances:
- Weapon Involvement: If a weapon was used or present during the alleged incident.
- Internal Injuries: If the alleged victim reports internal injury symptoms.
- Victim Claims Injury: Even without visible injury, if the victim claims harm and the officer believes “other relevant factors” substantiate probable cause for arrest.
- Violation of Restraining Order: If a no-contact court order, or restraining order, is violated.
Even if none of these conditions are met, a police officer retains the discretion to make an arrest and file domestic violence charges.
In situations where both parties in a domestic dispute have sustained injuries, officers are required to determine the primary aggressor and the victim to proceed with an arrest. This determination involves evaluating several critical factors:
- Severity of Injuries: Comparing the extent of injuries suffered by each party.
- History of Domestic Violence: Examining any documented history of domestic violence between the individuals involved.
- Fear of Harm: Assessing each person’s fear of physical harm due to threats or actions from the other.
- Self-Defense: Determining if injuries were inflicted in self-defense against an aggressor.
- Other Relevant Factors: Considering any additional information that might clarify the situation.
Following an arrest, police can immediately seek a restraining order from either municipal or superior court—at any time, including nights, weekends, and holidays. A restraining order can compel the accused to:
- Leave the Shared Residence: Vacate their home immediately.
- No Contact Rule: Prohibit any contact or communication with the accuser and children, including phone, email, and all forms of digital communication.
- Financial Obligations: Continue making mortgage or rent payments and provide support, even while barred from the home.
- Firearm Seizure: Surrender all firearms and weapons.
Violation of an existing restraining order leads to automatic jail time.
Furthermore, law enforcement and the courts may file additional criminal charges alongside domestic violence, which can carry significantly harsher penalties. These charges may include:
- Harassment and Stalking
- Terroristic Threats and Criminal Trespass
- Burglary and Lewdness
- Simple Assault and Aggravated Assault
- Aggravated Criminal Sexual Contact and Sexual Assault
- Aggravated Sexual Assault and Criminal Restraint
- False Imprisonment and Kidnapping
- Manslaughter, Aggravated Manslaughter, and even Murder
Often, escalating intensity during a domestic dispute dramatically increases legal risks for the accused. This escalation can occur during the initial conflict, or during police intervention, arrest, and court proceedings, where charge decisions are made.
If arrested for domestic violence, it is imperative to remain calm and silent until a domestic violence lawyer NJ is present. Any statements made without legal counsel can have severe and lasting negative impacts on your case.
The earlier you involve the Law Offices of Jonathan F. Marshall in your defense, the sooner we can begin working to mitigate charges, challenge evidence, and even question the legality of your arrest.
Who Can File a Domestic Violence Complaint in New Jersey?
New Jersey statutes define who can be considered a domestic violence victim. This includes:
- Adults and Emancipated Minors: Individuals 18 or older, or emancipated minors, subjected to domestic violence by:
- A current or former spouse
- Any current or former household member
- Someone with whom they have had a dating relationship
- Someone with whom they anticipate having a child.
- Individuals of Any Age: Anyone subjected to domestic violence by a person with whom they:
- Share a child
- Anticipate sharing a child due to pregnancy
- Have had a dating relationship
While elderly adults, disabled individuals, and children can also be victims of abuse, these cases often fall under different legal statutes.
How Our Domestic Violence Lawyers in NJ Can Help You
Domestic violence cases frequently devolve into “he-said-she-said” scenarios. Police typically arrive mid-dispute, encountering highly emotional situations. By law, they are often compelled to side with the apparent victim.
As your domestic violence lawyers NJ, the Law Offices of Jonathan F. Marshall will advocate for your side of the story.
A Client Review from Steve for Criminal Defense in New Jersey
Our immediate action will be to secure your release from custody, if detained. We then delve into critical questions to assess the legitimacy of the domestic violence case, including:
- Intent vs. Accident: Was the incident intentional or accidental?
- Police Interpretation vs. Reality: Does the police account align with your recollection?
- 911 Recordings: What do 911 calls, if available, reveal?
- Medical Evidence: Is there medical documentation or photos supporting injury claims?
- Self-Defense or Self-Harm: Was the alleged victim’s injury from self-defense or intentional self-harm?
- Victim Statement Consistency: Are the alleged victim’s statements consistent and believable?
- Witnesses: Are there additional witnesses beyond the alleged victim?
- Witness Credibility: Are there reasons to doubt the accuser or witnesses, such as mental health issues, substance abuse, prior false statements, or bias?
- Factors Precluding Guilt: Are there factors that negate your guilt, such as physical limitations, mental incapacity, or an alibi?
- Police Misconduct: Was there police misconduct, like illegal search and seizure or failure to read Miranda rights, that could lead to dismissal?
We understand the intense emotions behind domestic violence complaints, whether from a sudden argument, long-term conflict, or a difficult breakup. We recognize that accusations made in the heat of the moment can be exaggerated or entirely fabricated.
We also know that accusations can be re-evaluated and withdrawn as emotions cool.
Our domestic violence lawyers NJ are skilled negotiators. We will, when appropriate, reach out to the accuser. It is not uncommon for domestic violence charges to be dropped, leading to the termination of restraining orders.
In other instances, we can persuade prosecutors and courts to reduce or dismiss charges if you agree to conditions like anger management classes.
If a restraining order remains, we will fight to ensure your rights to reasonable visitation with your children are protected.
To fully safeguard your rights and explore every avenue for a favorable outcome, you need a seasoned domestic violence defense attorney in NJ by your side. Our attorneys possess deep legal knowledge and the professional network to secure the best possible resolution for you.
In many domestic violence cases, it is one person’s word against another with little concrete evidence. Every day, charges are dismissed, and defendants are acquitted because they have strong legal representation.
Don’t Face Domestic Violence Charges Alone. Contact Our New Jersey Lawyers Today
If you have been arrested for domestic violence in New Jersey, exercise your right to silence and immediately contact our experienced criminal defense attorneys. Facing these charges alone is a mistake.
Our team is committed to ensuring you are not subjected to the severe penalties New Jersey law permits for violent crimes associated with domestic violence. Contact the Law Offices of Jonathan F. Marshall now for a free initial legal consultation and dedicated, robust legal representation.
