A domestic violence restraining order in New Jersey can result in far-reaching consequences. Apart from additional criminal charges, you may face restraining orders, mandatory counseling, fines, removal of weapons and restricted access to your home and loved ones.
The stigma surrounding such arrests can tarnish personal and professional reputations, thereby negatively influencing present and future employment opportunities.
Navigating the intricate landscape of domestic violence requires legal expertise and a deep understanding of the delicate and sensitive nature of these cases.
The seasoned domestic violence lawyers at Weiner Law embody an unwavering commitment to upholding justice while safeguarding the rights of individuals entangled in complex legal battles.
You may require an attorney to lead you thought the process of obtaining a restraining order for the protection of yourself or family members. To get in contact with a New Jersey domestic violence lawyer, please contact us today.
Domestic Violence Statistics
In the United States, nearly 20 people per minute are physically abused by an intimate partner, adding up to over 10 million individuals annually.
As a result, one in three women and one in four men have, at some point in their lives, experienced some form of physical violence by an intimate partner.
However, the COVID-19 pandemic appears to have increased the rate of domestic violence offenses, as people were confined in their homes for extended periods of time.
At the same time, a shocking 13% of men and 8% of women report having been falsely accused of domestic violence. Approximately a third of all false reports are made in relation to an ongoing child custody dispute.
Still, according to the National Registry of Exonerations, false allegations and perjury contribute to roughly 61% of all wrongful convictions in the United States.
New Jersey Domestic Violence Laws
New Jersey designed its domestic violence laws to provide protection and recourse for individuals facing abusive or harmful situations within intimate relationships. These laws address physical violence and emotional, psychological, and economic abuse.
The New Jersey Prevention of Domestic Violence Act defines domestic violence as the occurrence of one or more criminal offenses against an intimate family member, including current or former spouses, household members, dating partners, individuals who share a child, and others in intimate relationships as listed in the Act.
The state’s comprehensive legal framework enables you, as a victim, to seek both criminal and civil remedies. When a domestic violence incident occurs, police have the authority to make arrests based on probable cause, and courts can issue temporary restraining orders to protect the victim from further harm.
These orders can entail no-contact directives and exclusive possession of a residence and suspension of visitation with children.
Court proceedings follow a careful evaluation of evidence, and final restraining orders may be granted after a full hearing. Violations of restraining orders can lead to criminal contempt charges.
Understanding New Jersey’s domestic violence laws is crucial for both victims seeking protection and individuals facing accusations.
Consequences of New Jersey Domestic Violence Conviction
A conviction for domestic violence can lead to various criminal penalties depending on the severity of the offense and the specific circumstances. If you are convicted, potential penalties include the following:
- Fines—you may face fines ranging from hundreds to thousands of dollars;
- Probation—probation terms can include mandatory counseling, anger management classes, and compliance with restraining orders;
- Jail time—a judge could sentence you to incarceration ranging from a few days to several years, especially for more serious offenses;
- Restraining orders—courts often issue restraining orders to protect victims, and if you violate a restraining order, you could face contempt of court charges and additional penalties;
- Loss of firearms rights—you could lose your right to possess firearms;
- Criminal record—a conviction will show up on your criminal record, potentially affecting employment, housing, and other opportunities;
- Community service—courts may require you to complete community service hours;
- Counseling or treatment—the court can order you to participate in mandatory counseling, anger management programs, or other rehabilitation efforts; and
- Enhanced penalties—penalties may be more severe if the offense involves aggravating factors or is a repeat offense.
It’s important to note that New Jersey’s domestic violence laws encompass many behaviors, and the penalties can vary based on the specific offense.
How Can a Domestic Violence Lawyer Help Me?
An attorney is pivotal in safeguarding your rights and well-being when you are facing domestic violence allegations.
These attorneys provide crucial assistance by meticulously evaluating the case, crafting tailored defense strategies, and ensuring a fair legal process.
Domestic Violence Case Assessment
A skilled attorney will comprehensively assess the evidence and circumstances surrounding the allegations. This involves scrutinizing police reports, witness testimonies, and any available documentation to identify inconsistencies or weaknesses in the prosecution’s case. We also prepare you for testimony.
Credibility Challenges
Another potential approach is to challenge the credibility of witnesses. This could involve cross-examining the alleged victim to expose any possible motives for false accusations or inconsistencies in their statements.
Establishing a lack of credibility for prosecutorial witnesses can significantly undermine the State’s case.
Self-Defense
Furthermore, a skilled attorney might seek to demonstrate self-defense or the necessity of actions taken. This could involve presenting evidence that the accused person acted in response to a genuine threat of danger, which could legally justify their actions.
Constitutional Violations
In cases where evidence was improperly obtained, or the police violated your rights during the investigation or arrest, a defense attorney can argue for excluding such ill-gotten evidence. If the evidence is critical, it could significantly weaken the prosecution’s case.
Domestic Violence Attorney Advantages
Additionally, a domestic violence attorney can guide you through the complexities of the legal system. They explain the potential consequences and available options, helping you to make informed decisions. They can also represent clients during court hearings and negotiations, aiming to achieve the best possible outcome, including reduced charges, dismissal, or acquittal.
How Much Does a Domestic Violence Lawyer Cost?
The cost of hiring a domestic violence attorney can vary widely, depending on several factors. These factors include the attorney’s experience, reputation, the case’s complexity, the amount of time required, and the specific services provided.
Legal fees vary widely, so we recommend consulting with potential attorneys to understand their fee structure clearly. And be sure to ask what is included and what costs are extra.
For instance, the cost of transcription for depositions or the cost of an expert witness might not be included in a quoted fee.
Some domestic violence attorneys charge an hourly rate, while others offer a flat fee for handling the entire case, particularly if the case is relatively straightforward.
Complex cases or cases that go to trial involve higher costs due to the increased time and effort required. Additionally, some attorneys might require a retainer. This is an advance payment they draw from as they work on the case.
Are You Facing Domestic Violence Charges in New Jersey or Need to Obtain a Domestic Violence Restraining Order?
If you have been served with a temporary restraining order, it is essential to understand what’s at stake and what you can do to reduce the chances of a final restraining order.
At Weiner Law, our lawyers have over 35 years of hands-on experience advocating on behalf of those accused of serious crimes. We understand that domestic violence cases present many challenges. But we are committed to helping you get the best outcome possible so you can move on with your life.
To speak with one of the domestic violence lawyers at Weiner Law, call 973-358-0794. You can also connect with us through our online contact form.