How can I defend against domestic violence charges in New Jersey?

Defending Against Domestic Violence Charges in New Jersey

Being accused of domestic violence in New Jersey can turn your life upside down. Even if you’re innocent, domestic violence charges can disrupt your family, career, and reputation. So what can you do to defend yourself?

First, understand how domestic violence is defined in NJ. It covers any crime committed against an intimate partner or family member, including assault, harassment, sexual assault, and more. Domestic violence is not treated as a civil issue in NJ – it’s a crime, and the system is biased toward alleged victims.

Since the stakes are so high, your best defense is an experienced criminal defense attorney. A lawyer who specializes in domestic violence cases can evaluate the evidence, build a strong defense, and aggressively protect your rights. Don’t go it alone.

Common Defenses Against Domestic Violence Charges

Here are some of the most effective legal defenses used against domestic violence accusations in NJ:

• You didn’t do it – Argue mistaken identity or alibi to show it was someone else
• Self-defense – You only used force to protect yourself from violence initiated by the alleged victim
• Fabricated allegations – The charges are false or exaggerated; the alleged victim has motives to lie
• Mental health issues – You have psychiatric problems that caused you to act out of character
• Lack of criminal intent – You had no intention to harm the alleged victim
• Intoxication – You were too impaired to form criminal intent
• Improper police procedures – Evidence was collected illegally

Other defenses are possible depending on the facts of your case. An experienced attorney will look at all options.

The Domestic Violence Restraining Order Process in NJ

If you’re accused of domestic violence in New Jersey, you may also face a restraining order. This is a court order that prohibits contact with the alleged victim. Here’s how the restraining order process works:

1. The alleged victim petitions the court for a temporary restraining order (TRO). If granted, the TRO takes effect immediately.
2. A hearing is scheduled within 10 days. This is your first chance to defend yourself against the accusations.
3. At the hearing, the judge decides whether to dismiss the TRO or make it permanent. Permanent restraining orders can last indefinitely.
4. Violating a restraining order is a crime that leads to new charges. It also hurts your defense in the underlying domestic violence case.

Having an attorney at your side improves your chances of defeating a restraining order request. Be sure to secure representation immediately if you’re served with a TRO.

Penalties for Domestic Violence Charges in NJ

Exactly how much trouble you face depends on three factors – the specific offense charged, whether it’s a first or repeat offense, and whether aggravating factors are present. Some examples of potential penalties:

• Simple assault – Up to 6 months in jail
• Aggravated assault – 3 to 5 years in prison
• Violating a restraining order – Up to 18 months in jail
• Harassment – Up to 30 days in jail

In addition to jail or prison time, expect fines, probation, anger management classes, and other requirements. You may also lose gun rights and face limitations on employment and housing.

Getting Legal Help Defending Against Domestic Violence in NJ

Don’t go through domestic violence charges alone. An experienced criminal defense attorney can often get charges reduced or dismissed. For example, we may be able to argue self-defense, show the accuser is exaggerating, or prove your innocence.

Domestic violence accusations must be taken seriously. But you have rights, and a skilled lawyer can protect them. Call today to discuss your case in a free consultation.

Sources:

Defending a Domestic Violence Contempt Case – NJ Courts

Domestic Violence FAQ – New Jersey | NJ Criminal Defense – Lento Law Firm

How Do You Defend Against Domestic Violence Charges in New Jersey?

Defenses to a Domestic Violence Arrest in New Jersey – Helmer, Conley & Kasselman, P.A.

Domestic Violence Assault Charge Penalties & Defense in NJ – Tormey Law Firm

Domestic Violence Charges & Penalties in New Jersey – Rosenberg | Perry & Associates