In New Jersey, domestic violence is taken very seriously. As a result, it is important to understand what constitutes domestic violence and the penalties for domestic violence charges.
What is domestic violence?
Many people have a skewed idea of what domestic violence looks like. Because of its media portrayal, people do not realize that domestic violence can happen to anyone and that it can include a number of different actions, such as:
- Controlling behavior
- Terroristic threats
- Physical, psychological, emotional, financial, and sexual abuse
What is New Jersey’s Prevention of Domestic Violence Act?
The Prevention of Domestic Violence Act of 1991 was enacted in New Jersey to provide protections for victims of domestic violence. This act gives victims civil relief and criminal relief:
- Civil Relief: This provides immediate intervention to victims. Once it is issued, the alleged abuser is prohibited from going near the victim’s home, children, and cannot acquire a gun. This can only be lifted by the court if they decide if a permanent restraining order is necessary.
- Criminal Relief: This allows a victim of domestic violence to press criminal charges against the accused abuser.
What happens if I am accused of domestic violence?
It is important to know that if the police are called due to a domestic dispute, you will likely be arrested. The victim will likely be able to obtain a Temporary Restraining Order (TRO) against you. This will mean you cannot see the victim or any children that you have with the victim. Generally, within the next few days, a hearing will be held to determine whether the restraining order should be made permanent. Domestic charges can lead to jail time, a criminal record, and other life-altering consequences.
If you are facing domestic violence charges in New Jersey, you will need to work with an experienced criminal defense attorney. Reach out to our firm to discuss your case right away. The sooner you reach out, the sooner we can begin building your case.
Contact our experienced Red Bank firm
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.