Charged With Domestic Assault in Hunterdon County?

Charged With Domestic Assault in Hunterdon County? Here’s What You Need to Know

Getting charged with domestic assault can be scary and confusing. Believe me, I know. I’ve been there. But with the right information and support, you can get through this.

My name’s Alex and I live in Hunterdon County. A few years back, my partner and I got into a bad argument that turned physical. The neighbors called the cops and I ended up getting arrested for domestic assault. Not exactly my finest moment.

After my arrest, I felt completely lost. I didn’t know anything about New Jersey’s domestic violence laws or what would happen next. My public defender helped explain the legal process but I still had so many questions. Like, would I go to jail? Lose my job? Never see my kids again?

So I did a ton of research to educate myself. And I want to share what I learned with you so you don’t feel as confused and scared as I did.

What Exactly is Domestic Assault in New Jersey?

First, let’s cover the basics. Domestic assault (or domestic violence) under New Jersey law means any crime or offense committed by a family member or someone you have an intimate relationship with. This includes:

• Physical assault like hitting, shoving, or kicking
• Sexual assault or criminal sexual contact
• Terroristic threats
• Harassment
• Stalking

Domestic assault charges can be filed as disorderly persons offenses or indictable criminal charges, depending on the circumstances. Disorderly persons offenses are less serious misdemeanors while indictable offenses are more serious and can be either misdemeanors or felonies.

What Happens After You’re Arrested for Domestic Assault?

If the cops come to your home because of a domestic dispute, they have to arrest whoever they think is the predominant aggressor. This means whoever seems to be the most at fault. The police don’t need a warrant or the victim’s permission to make an arrest in domestic violence cases.

After arrest, you’ll be taken to the police station for booking. The police will fingerprint you, photograph you, and formally charge you. Then you’ll be held until you can go before a judge for a bail hearing. This is where the judge decides whether to release you until your trial and if so, under what conditions.

Many first-time domestic assault offenders are released on their own recognizance. This means you promise to appear at all required court dates. Others may have to post bail money as a guarantee they’ll show up. The judge can also set restrictions like a restraining order, drug/alcohol testing, or mental health evaluation as conditions of your release.

Should I Get a Lawyer for Domestic Assault Charges?

Absolutely! Domestic violence charges shouldn’t be taken lightly. Even disorderly persons offenses carry up to 6 months in jail. And indictable charges are even more serious.

A domestic assault conviction can also impact child custody and visitation rights, gun ownership, certain professional licenses, immigration status for non-citizens, and more. Not to mention it goes on your criminal record.

An experienced criminal defense attorney understands New Jersey’s domestic violence laws inside and out. They can review the evidence and help build the strongest defense for your unique situation. This gives you the best shot at getting charges reduced or even dismissed.

If you can’t afford a lawyer, you can apply for a public defender at your first court appearance. Public defenders are free but their caseloads are extremely high. So it’s best to hire your own lawyer if at all possible.

Possible Defenses for Domestic Assault Charges

There are several legal defenses that could get domestic violence charges dropped or reduced. Some common defenses include:

• Self-defense – You acted in self-defense against violence from your partner
• False allegations – Your partner falsely accused you out of anger, jealousy, or manipulation
• Mistaken identity – You were misidentified as the aggressor
• Mental health issues – You were having a psychiatric crisis during the incident
• No visible injury – The alleged victim had no signs of physical harm

An attorney can evaluate the facts of your case and decide if any of these defenses make sense for your situation. They may also negotiate with the prosecutor to get charges downgraded or dismissed through a plea bargain.

What Are the Penalties for Domestic Assault in New Jersey?

The penalties for domestic violence depend on two main factors – whether the offense is a disorderly persons or indictable charge, and your criminal history.

Disorderly persons domestic assault convictions can result in:

• Up to 6 months in county jail
• Fines up to $1,000
• Community service
• Probation
• Counseling
• Restraining order

Indictable domestic assault charges often lead to:

• Years in state prison
• Thousands in fines
• Felony record

Domestic abusers with past convictions generally receive harsher sentences. A skilled lawyer may be able to negotiate with the prosecution for punishment on the lower end of the sentencing range.

How Can I Move Forward After a Domestic Assault Charge?

Being arrested for domestic violence can feel devastating. But it doesn’t have to ruin your life if you take action.

Here are some tips to start moving forward:

• Be honest with yourself. Take responsibility for your actions.
• Get help from professionals. Seek counseling or substance abuse treatment.
• Tell your support system. Rely on close friends and family.
• Focus on self-care. Reduce stress through healthy habits.
• Learn from the experience. Figure out your triggers and warning signs.
• Forgive yourself. Don’t dwell on guilt and shame.

And most importantly, remember that this does not define you as a person. You still have so much potential to be a better partner, parent, and member of your community.

If you or someone you know got charged with domestic assault in Hunterdon County, take a deep breath. Educate yourself on the legal process and get a good lawyer on your side. This difficult time will pass. You have the power to learn and grow from it.

Resources

• New Jersey Domestic Violence Laws
• NJ Domestic Violence Restraining Orders
• NJ State Police – Domestic Violence Information
• NJ Courts – Domestic Violence
• NJ Department of Children & Families – Domestic Violence