New Jersey takes accusations of domestic violence very seriously. As a result, it is important to understand the process that occurs when one is accused of domestic violence. Read on for more information.
What is Domestic Violence?
Domestic violence is portrayed a certain way in the media. As a result, we may have a skewed perception of what domestic violence looks like. Domestic violence does not always look the same. In fact, it can be incredibly difficult to spot. Anyone, regardless of age, gender, sexuality, socioeconomic status, etc. Some forms of domestic violence include:
- Controlling behavior
- Terroristic threats
- Harassment
- Physical, psychological, emotional, and sexual abuse
- Stalking
- Homicide
What Means of Protection are Available?
In the state of New Jersey, victims of domestic violence can obtain two different types of 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 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 will be able to seek criminal and civil penalties against you. This means that your accusor can both fight to put you behind bars, as well as establish a Temporary Restraining Order from the court. A Temporary Restraining Order 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.
If you have been accused of domestic violence, be sure to reach out to a criminal defense attorney right away. Contact our firm to speak with a team of dedicated attorneys.
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.