Experienced Attorney Working for Clients Accused of Domestic Violence in Jersey City
The US Department of Justice defines domestic violence as a pattern of abusive behavior that one partner uses to obtain control over the other partner. The abusive behavior can be of physical, verbal, sexual, emotional, or economic nature.
The state of New Jersey takes domestic violence cases very seriously and has a strict legislature that protects the victims. The New Jersey Domestic Violence Act allows police and prosecutors to defend the victim and issue restraining orders for the accused party.
In addition, police will investigate every accusation and make an arrest even if no physical abuse signs are present, relying only on the word of the accuser. Suppose you are being accused of domestic violence or have been arrested. In that case, it is essential to cooperate with the police but do not say anything that might complicate your situation. Remain silent and contact an attorney as soon as possible to begin building your case.
What if I Am Being Falsely Accused of Domestic Violence?
If you believe you are falsely accused of domestic violence by a partner or spouse, a temporary restraining order (TRO) likely has or will be issued against you. There are serious consequences for violating a restraining order. Someone who knowingly violates a restraining order is committing criminal contempt, which is considered a fourth-degree offense.
Besides attempting to appeal a TRO, there isn’t much an attorney can do to overturn that until a court date for a final restraining order hearing is scheduled. Final restraining orders (FRO) are usually scheduled for a court date no more than 10 days after the temporary restraining order was issued.
This is the time to sit down with your Jersey City criminal defense attorney and construct your case, proving that the accusations against you are untrue. During this hearing, you may be able to present evidence that the domestic violence incident did not occur, such as phone records, witnesses, photographs, or proof that false charges were previously filed in the past. Your attorney will work with you to advise you on the best course of action for your specific case.
What Are The Penalties Given For Domestic Violence Charges?
Penalties issued for domestic violence depend on the seriousness of the criminal violation because domestic violence is a somewhat broad term that encompasses many types of violations that vary from simple assault and misdemeanor charges to more serious first-degree violations.
Those charged with indictable offenses face felony charges and are subject to fines and time in prison, depending on the severity of the offense. If you are charged with a felony domestic violence offense, you will be required to attend court in the Superior Court in the county where the crime is being charged. The consequences of being found guilty may affect your life, including family relationships and limited access to your children.
The state has aggressive domestic violence laws designed to protect the victim until the accused party can prove innocence. Working with an experienced attorney is key for you to be able to have your rights defended and navigate the complicated legal system of New Jersey.
How Can a Domestic Violence Lawyer Help Me?
When it comes to dealing with issues related to a domestic violence charge, it is fundamental to act promptly. As stated before, the New Jersey domestic violence laws will usually lean towards favoring the victim. Law Offices of Keith Hirschorn, P.C. has a legal team that is well-versed in understanding each charge’s nuances and representing clients dealing with restraining orders and felony accusations.
If you have been accused of domestic violence or believe the accusations made against you are false, you must act quickly and contact our firm as soon as possible. We are ready to hear all the details of your case, examine the evidence, and build a strong case to protect your rights and increase your chances of a favorable outcome. Contact our Jersey City office by calling 201-798-4024 and speaking to one of our attorneys.
