What Should I do if I am Charged With Domestic Violence in New Jersey?

There are few things more damaging to a family and a reputation than being wrongly accused of domestic violence. If you are someone who is now facing a domestic violence charge, you must read on and reach out to our knowledgeable New Jersey criminal defense attorney to learn more about how our firm can help you through the legal process ahead. Here are some of the questions you may have:

How does New Jersey law define domestic violence?

Domestic violence, generally speaking, is defined as a dispute between spouses, boyfriends, girlfriends, and any other significant domestic relationships. Generally, when police are called to break up a domestic dispute, they are usually called by the victimized party. That being said, once called, they will determine the true circumstances of the case. Unfortunately, this means very little, as New Jersey is a near-zero-tolerance state when it comes to domestic violence. This means that if the police are called on you, you will almost definitely be arrested and charged with an act of domestic violence. Fortunately, being charged is not the same as being convicted, which is why you need an experienced New Jersey violent crimes attorney on your side who can fight for your rights to ensure you do not obtain a criminal record.

What does New Jersey’s Prevention of Domestic Violence Act do?

New Jersey created the Prevention of Domestic Violence Act in 1991. This Act functions as a safeguard for victims of domestic violence from their abuser. If charged, the person accusing you–perhaps wrongly–will be able to seek criminal and civil penalties against you. Simply put, this means that your accusor can both fight to put you behind bars, as well as establish a Temporary Restraining Order from the court, which will, generally, prevent you from seeing that person, and, in many cases, your children as well. Shortly thereafter, there will be a hearing, wherein the court will determine whether the TRO should be made permanent. If the court decides yes, you will be issued a Final Restraining Order, which may permanently impact your child custody terms, and if you violate the restraining order, you may face serious criminal penalties. If you are someone who is fighting a domestic violence charge, or you believe you are being wrongly accused of violating a restraining order, you must reach out to our experienced New Jersey criminal defense attorney today.

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.