Knowledgable Attorney Working for Clients Facing Domestic Violence Charges in Hoboken
New Jersey has a zero-tolerance policy to deal with domestic violence cases and protect the victims. With the New Jersey Domestic Violent Act, law enforcement and prosecutors can issue temporary restraining orders for the accused party even before a formal hearing occurs.
The US Department of Justice defines domestic violence as a pattern of abusive behavior employed by one partner to gain control over the other partner. The abuse can be physical, verbal, sexual, emotional, or economic. The law allows police to make an arrest based only on the accuser’s word, without the need for any physical abuse signs to be present. Anything you say or do can make your case even worse, so it is essential to cooperate and remain silent. Contact a Jersey City criminal defense attorney as soon as you can to protect your rights.
What Should I Do If I Am Falsely Accused of Domestic Violence?
If you have had a Temporary Restraining Order (TRO) issued against you or predict this will happen soon, you will need to contact an attorney as soon as possible if you wish to attempt to appeal it. Falsely accusing a partner of domestic violence can have severe consequences for the accuser. If you believe you have been wrongly accused, you will have an opportunity to prove that the accusations are false, but you will need to respect the restraining order until then. Violating a restraining order is considered criminal contempt, a fourth-degree offense with significant penalties.
Once a Temporary Restraint Order has been issued, a court date will be set for a final restraining order hearing. This typically happens no more than 10 days after the TRO was issued. During the Final Restraining Order hearing, your attorney may show evidence supporting your claim that the domestic violence incident did not occur. That might include witnesses, phone records, phone charges, 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 in New Jersey?
The severity of penalties depends on the degree and seriousness of the criminal violation you are being accused of. Domestic violence charges can result in a simple assault and disorderly person’s offense charges in the lower spectrum. More serious cases can result in a first-degree violation with significant penalties. A disorderly person’s offense is not considered a felony but still carries fines and possible jail time for the accused person.
It is important to understand that if you are charged with an indictable offense, you are dealing with a felony charge, a criminal record, and fines and prison time. Felonious domestic violence offenses will be tried in the Superior Court, where the crime is being charged. A guilty verdict affects your life, including family relationships, job opportunities, and limited access to your children.
As previously stated, New Jersey has an aggressive stance on domestic violence and imposes laws designed to protect the victim until the accused party can prove innocence. The offender’s rights may be overlooked at times as prosecution will want to rush the case into being sentenced. You will need an experienced attorney to protect your rights, examine the evidence, and navigate the intricate laws to obtain a favorable outcome.
How Can a Domestic Violence Lawyer Help Me?
New Jersey laws for domestic violence cases will always lean towards protecting and favoring the victim. You must act promptly and retain a domestic violence attorney as early in the process as possible. 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.
We will examine the evidence presented by police and prosecutors, understand the specific circumstances of your case, and build a defense strategy to protect your rights. If you are being accused of domestic violence – or believe the accusations are false – contact our office by calling 201-798-4024. We are here to help.
