Domestic violence is a crime in New Jersey. However, that doesn’t mean every person accused of domestic violence is guilty of it. Legally speaking, domestic violence cases involve one partner engaging in a pattern of abusive behavior to control the other partner. Please note that domestic violence need not involve spouses or intimate partners to incur criminal charges. It can also involve family members and others living under the same roof as the person accused of domestic violence.
Domestic Abuse: Know and Defend Your Rights Early
Perhaps you’re the victim of false accusations or feel that you needed to respond with physical force because the other party threatened you first. At Breslow Law Offices, we understand that every situation is complex and that it isn’t always as straightforward as it seems.
If you’re facing criminal charges for domestic violence, whether it falls under the category of family law matters or not, we invite you to contact our law office in Essex County at 973-239-8000 or Ocean County at 609-494-8884.
You will meet with an experienced domestic violence attorney to discuss your case in more detail and learn what our legal representation can do for you. Roy Breslow and Casey Breslow have worked with men and women facing domestic violence charges for nearly five decades. Our goal is always to see justice for everyone involved.
New Jersey Domestic Violence Classifications
In addition to its basic definition of domestic violence, New Jersey classifies the criminal charges in one of the following ways:
Also known as domestic violence assault, state laws offer protection for victims of domestic violence to include a spouse, former spouse, a person currently or previously residing in the same household, a person in a current or previous dating relationship with the accused, and a person who has a child in common with the accused. Consequences of a domestic assault charge in New Jersey could include fines, jail time, probation, loss of reputation, and family separation.
As with other types of assault and battery, the two are separate criminal charges in New Jersey when it comes to domestic violence. That is because you don’t need to cause actual physical harm to a victim to receive a domestic abuse battery charge. Domestic battery, on the other hand, involves actual infliction of a physical injury through violence. Though this charge usually stems from altercations between couples, it can involve other family members as well.
Endangering the Welfare of a Child:
You may face criminal charges under New Jersey law for endangering the welfare of a child for inflicting physical or sexual abuse or neglecting the child’s basic needs. Unfortunately, it has been the experience of the criminal defense attorneys at our law firm that former spouses or even anonymous sources make this serious accusation without proof and only for retribution. Depending on the severity of the criminal charges, you could face anything from mandatory probation to 10 years in prison if convicted.
A permanent or temporary restraining order is a legal document preventing two parties from having any contact with each other. For example, a spouse or former partner can request a restraining order if violence has already occurred or he or she has reasonable safety concerns. As with child endangerment, people don’t always accuse others of violating a restraining order for the right reasons. The couple could be facing a child custody dispute or other intensely emotional situations and attempt to use the law to cause legal problems for the other party.
A victim of domestic violence deserves to be heard and for the law to take him or her seriously. The same is true for someone facing these criminal charges. The best legal advice we can give you is to secure services from our New Jersey domestic violence lawyer promptly no matter what the charge or situation. We will begin investigating the situation immediately to lay the groundwork for your defense should the case make it to municipal court. If convicted of violating a permanent or temporary restraining order, you could face up to 18 months in jail, fines, and more restrictive conditions on future restraining orders.
Prevention of Domestic Violence Act of 1991
In 1991, the New Jersey legislature passed the above act to include a domestic violence charge for anyone convicted of one or more of these crimes:
- Criminal mischief
- Criminal restraint
- Criminal sexual contact
- Criminal trespass
- False imprisonment
- Sexual assault
- Terroristic threats
Each of these criminal charges is serious enough on its own. When you throw a domestic violence charge on top of it, you could be looking at very significant consequences for your future. While we understand it can feel intimidating that the state wants to charge you with such serious crimes, we urge you not to delay in contacting a domestic violence lawyer at Breslow Law Firm.
Even a relatively minor charge could change your relationship with family members, other household members, affect when and how often you see your children, and become part of a background report when you apply for employment or housing. Whether you feel the criminal charges against you are valid or not, you must comply with the restrictions it places on you and speak to your attorney about fighting to have them reduced or dismissed.
Request a Free Consultation with a New Jersey Domestic Violence Lawyer
You deserve to have a domestic violence lawyer working for you who understands New Jersey law and how to apply it to your situation. You may feel alone and like no one is interested in your side of things, but we assure you that isn’t true. We take New Jersey domestic violence very seriously and want to restore health and justice to everyone involved. You may request an appointment with our domestic violence lawyer NJ by contacting Breslow Law Offices by phone or completing an online form. We have offices in Verona and Long Beach Island that you can reach toll-free at either 973-239-8000 or 609-494-8884.