Reviewed by Carl Spector, Esq.
Quick Summary: NJ Domestic Violence Charges
- Zero-Tolerance Arrests: Police calls typically result in an immediate arrest under the NJ Prevention of Domestic Violence Act.
- Dual Court Relief: Alleged victims can simultaneously pursue Civil Relief (Temporary/Final Restraining Orders) and Criminal Relief (criminal charges).
- Severe Penalties: Penalties range from misdemeanor-level disorderly persons offenses (up to 6 months in jail) to first-degree indictable felonies (up to 20 years in prison).
- Permanent Record: Convictions remain permanent and cannot be expunged, threatening your future employment, housing, and firearm rights.
- Viable Legal Defenses: Charges can be challenged using strategies like proving false accusations, establishing self-defense, demonstrating a lack of evidence, or uncovering constitutional rights violations.
Navigating domestic violence charges can be challenging. Understanding the legal defenses available to you is crucial, as is recognizing the importance of securing skilled legal representation. Please continue reading as we explore common defense strategies in New Jersey domestic violence cases and why engaging our experienced Bergen County Domestic Violence Attorneys can significantly impact the outcome of your situation.
What Does New Jersey Law Consider as Domestic Violence?
First and foremost, it is crucial to understand that “domestic violence” does not refer to a single crime, but to a pattern of abusive behaviors. These behaviors can manifest as physical, verbal, economic, psychological, and sexual abuse and may encompass threats, intimidation, financial control, and humiliation. Anyone can be a victim of domestic violence, regardless of their gender, social status, age, or sexual orientation, and signs of these acts are not always physical. The underlying intention of such abusive behavior is usually to establish or preserve power and control over the victim. Domestic violence applies to relationships such as:
- Household members
- Divorced or separated spouses
- People previously living together
- Co-parents
- Parties that are expecting a child
- Those in a dating relationship
In New Jersey, law enforcement operates with a near-zero tolerance policy for domestic violence. This means that if police are called to a domestic violence incident, an arrest is almost always made after they assess the situation. It should be noted that the Prevention of Domestic Violence Act aims to safeguard individuals affected by domestic abuse. This legislation permits victims to seek both civil and criminal relief.
What Means of Protection Are Available to Alleged Victims?
It’s important to understand that, in accordance with New Jersey’s Prevention of Domestic Violence Act, there are two primary forms of relief available for victims:
- Civil Relief: Victims of domestic violence can often obtain a Temporary Restraining Order, which provides immediate relief for the victim by prohibiting the alleged abuser from going near the victim’s home, work, or children, while also prohibiting them from obtaining a firearm once the order is issued. A TRO may be lifted by the court following a hearing if it is determined that a permanent restraining order is necessary, or the court finds no reason to issue another order.
- Criminal Relief: Victims of domestic violence are eligible to press criminal charges against the alleged abuser. This will proceed through New Jersey’s criminal court system.
What Are the Potential Penalties?
The severity of domestic violence allegations in New Jersey is indicated by the level of charges, spanning from disorderly persons offenses to more severe indictable offenses. Minor infractions, such as simple assault or harassment, are typically categorized as disorderly persons offenses, which may result in penalties like anger management courses or probation. A misdemeanor-level disorderly persons offense can result in up to six months in jail. Furthermore, even after you have served your time, a domestic violence conviction will remain a permanent part of your record, which will follow you for the rest of your life.
Conversely, felony domestic violence charges carry a significantly higher likelihood of imprisonment. These charges are applicable in situations involving the unlawful use of a weapon, aggravated assault, and sexual assault. Individuals with previous convictions may face more stringent charges. The state outlines the following potential penalties based on the degree of the offense.
- Fourth-Degree Offenses: Up to 18 months of imprisonment
- Third-Degree Offenses: Three to five years of imprisonment
- Second-Degree Offenses: Five to 10 years of imprisonment
- First-Degree Offenses: Up to 20 years of imprisonment
Is Domestic Violence a Felony or Misdemeanor Offense in NJ?
The state of New Jersey does not use “felony” or “misdemeanor” labels to charge criminal offenses; instead, these are referred to as “indictable crimes” and “disorderly persons offenses.”
Domestic violence may be charged as either, depending on the circumstances of the alleged assault. Generally, this may be charged as a disorderly persons offense if the charges involve simple assault or harassment.
However, if you have prior violent offenses, especially if they involve domestic violence, or if the incident involves an offense like aggravated assault, sexual assault, or unlawful possession of a weapon, you may face an indictable offense ranging from the fourth to the first degree.
What Are Common Domestic Violence Defenses?
Choosing the appropriate defense requires careful consideration of case circumstances and legal counsel. Potential defenses include:
- False Accusations: Alleging the accuser fabricated the claims due to motives like malice or revenge. This defense requires proving motive and disproving the accusations. While many accusations are legitimate, there are unfortunately situations of false accusations as well, often seen when one party wants to leverage power over the other in divorce or custody disputes.
- Lack of Evidence: Arguing the prosecution has not provided enough evidence to prove guilt beyond a reasonable doubt, potentially leading to dismissal.
- Self-Defense: Claiming the accused acted to protect themselves or another party from an aggressor, requiring evidence of a genuine threat and proportionate response.
- Constitutional Violations: Asserting that the defendant’s rights were violated during the investigation, potentially leading to the suppression of evidence. Your attorney can launch a thorough investigation into the situation surrounding your arrest to evaluate if law enforcement overstepped constitutional boundaries.
- Consent: In specific, rare cases, arguing that the alleged victim consented to the act.
Domestic violence accusations are serious, but they are not convictions. A strong defense is essential to protect your rights and future. If charged, it is in your best interest to contact an attorney at the Law Offices of Carl Spector.
Contact our Bergen County Criminal Defense Firm
In the event you are charged with a domestic violence offense in New Jersey, it is in your best interest to connect with an experienced criminal defense attorney with the Law Office of Carl Spector. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight these charges and pursue the best possible outcome for your unique situation. When you need help, do not hesitate to contact our office today to learn more.