New Jersey Domestic Violence Lawyer
Domestic violence laws in New Jersey seek to protect individuals and their loved ones from abuse or assault committed by fellow family members or other similarly situated individuals. The New Jersey Domestic Violence Act governs matters relating to domestic violence.
If you have been accused of domestic violence or similar assault offenses, contact a distinguished New Jersey criminal defense attorney to begin planning your defense. A New Jersey domestic violence lawyer can help you gather useful evidence for a desirable outcome. John B. Fabriele understands that accusations of domestic violence can be scary and complicated. As New Jersey’s best domestic violence lawyer, he can help you gather useful evidence and provide the best possible results.
Many people assume that domestic violence disputes only involve spouses or partners and occur due to break-ups or divorce. However, the New Jersey Domestic Violence Act’s definition of what’s considered “domestic” is more much broad than relationships involving marriage. Individuals in a close or intimate relationship may also be subject to domestic violence. People living under the same roof, though not intimately involved with one another, can be subject to domestic violence too.
The New Jersey Prevention of Domestic Violence Act states the following regarding domestic relationships:
“The relationship must be one of the following: marriage; separation; divorce; living together in the same household at present or in the past; a person whom the plaintiff has dated or a person with whom the plaintiff has a child in common or anticipates having a child in common. The defendant must be 18 or older or be an emancipated minor.”
If someone is accused of domestic violence in New Jersey, the police officer must arrest and take the suspect into custody. This creates a criminal record which is subject to public record. Having a public record that reflects domestic violence, domestic assault, or domestic abuse crimes can be detrimental to one’s future. If you’d like more information about how New Jersey defines domestic relationships under domestic violence laws, contact our law office today.
Forms of Domestic Violence
Domestic violence can come in many different forms. Some of the most common types of domestic violence are:
- Physical assault
- Sexual assault
- Verbal abuse or harassment
- Physical threats
It’s important to remember that the forms of domestic violence list above are simply the most common. Other criminal offenses, such as burglary or stalking, can also be considered under the umbrella of domestic violence, depending on the surrounding circumstances. Law enforcement officers do not always arrest and charge the right individuals. Domestic violence incidents are often stressful, emotional, and confusing for everyone involved. It is critical to document or put someone on notice of any domestic violence as soon as it occurs or becomes apparent. This will help clear up any false accusations. Regardless of the form of domestic violence you’ve been accused of, it’s crucial to speak with a New Jersey domestic violence lawyer as soon as possible. Contact the law office of John B. Fabriele, III for more information.
A restraining order is often used in domestic abuse situations. The accuser will file a petition in court. Depending on the allegations, the court may issue a temporary restraining order in order to prevent any immediate harm or abuse from occurring. The individual who has the restraining order issued against them will have to show up in court to address the issue.
A restraining order can be particularly tricky because of the relatively loose evidentiary requirements involved. If not defended properly, an individual can have their liberties stripped away from them in a matter of minutes. This is why it is critical to have an experienced domestic violence attorney to help ensure that justice is properly served.
If an individual is found to be in violation of a restraining order, the court can exercise its authority in a number of different ways. For instance, the court can order a sheriff to physically remove an individual from a location if they are violating a restraining order. This can create a lot of challenges for someone who was unjustly charged with a domestic violence crime and issued a restraining order.
The court can also impose fines for each violation of a restraining order and even send someone to jail for failing to adhere to the terms of the order. Since the terms and conditions of a restraining order can be vague and difficult to decipher, it’s highly recommended to speak with a defense attorney that specializes in domestic violence and restraining orders to help guide you through the process and avoid violations.
Hire the Best New Jersey Domestic Violence Lawyer
Domestic violence crimes in New Jersey should not be brushed off lightly. In many circumstances, families can be torn apart as a result of domestic violence. In addition, convictions for a domestic violence crime can have serious criminal implications such as fines and jail time for serious offenses. An experienced domestic violence attorney will have a solid understanding of the proper court procedures involved in a domestic violence proceeding. Many times, people can get lost in all of the paperwork, legal terms and conditions, and the weight of consequences and penalties of a domestic violence crime. You don’t have to go through this alone.
Having a diligent New Jersey domestic violence lawyer by your side will help ensure that certain liberties are not revoked without just cause. If you or a loved one has been accused of domestic violence, contact a defense attorney today to discuss your situation.
Further Information on Domestic Violence Laws and Penalties
For more information on what it means to face a restraining order, harassment charge, stalking charge, child endangerment charge, or protective order, click on the links below or contact attorney John B. Fabriele, III. In addition, you’ll also find details on New Jersey Domestic Violence penalties.
- Restraining Order
A restraining order can be issued for various reasons, but domestic violence, abuse, and assault are all the most common. If you’ve been served a restraining order or you believe you will be soon, click on the link above to learn more or contact our law office to speak with a restraining order attorney.
Harassment charges can be complex, vague, and confusing to understand. There is a wide range of behaviors that can be categorized as harassment. Despite this being considered a low-level crime, a harassment charge and conviction can be destructive to one’s future career and relationships. To learn more about what a harassment charge involves and how a defense attorney can help, click on the link above or contact our law office.
New Jersey stalking laws are defined as being in close proximity to someone both physically and virtually, such as through social media or text messages. New Jersey takes both forms of stalking charges seriously, as should those accused of stalking. Click on the link above or contact our law office to speak with a defense attorney that specializes in stalking charges.
- Child Endangerment
The protection of children takes top priority in a New Jersey court. The penalties for child abuse and child endangerment are severe and significant. It is never advised to handle a child endangerment charge alone. You’ll need an attorney that has extensive experience in defending those accused of child endangerment. Call our law office today to discuss your case.
- Protective Order
A protective order, no-contact order, or any other type of restraining order can sometimes be unjust and inappropriate depending on the circumstances. In addition, a violation of these orders can result in harsh penalties and further consequences. To understand what a protective order entails as well as how to avoid violations, contact our law office to speak with a lawyer who can explain the terms and conditions of a protective order.
- New Jersey Domestic Violence Penalties
New Jersey takes domestic violence crimes and accusations very seriously. This is reflected in the New Jersey Domestic Violence Act as well as in the consequences and penalties of domestic violence convictions. Those convicted of a domestic abuse crime may be subjected to jail time, restraining orders, weapon restrictions, counseling, or expensive fees. Click on the link above to learn more about New Jersey Domestic Violence penalties or contact our law office to speak with a domestic violence attorney.
Frequently Asked Questions Regarding Domestic Violence Laws and Penalties
Domestic violence is a sensitive, emotional, and severe issue that many families, spouses, and partners face every day in the state of New Jersey. While domestic violence charges are always serious, they’re not always appropriate. Each individual case and circumstance should be looked at closely by an experienced attorney. That’s why it’s important to always speak with a domestic violence lawyer when someone accuses you of a domestic violence crime. It’s also helpful to be aware of New Jersey Domestic Violence laws, terms, and penalties. When your freedom and your rights are on the line, having a basic understanding of the law can help you feel more confident and calm moving forward. Here are some frequently asked questions regarding domestic violence laws and penalties:
What constitutes domestic violence in New Jersey?
While many people assume that a domestic violence charge only includes incidents of physical assault, sexual assault, or harassment, the legal definition of domestic violence in New Jersey includes various criminal acts.
The New Jersey Prevention of Domestic Violence Act (PDVA) defines domestic violence as:
- terroristic threats
- criminal restraint
- false imprisonment
- sexual assault
- criminal sexual contact
- criminal mischief
- criminal trespass
- criminal coercion
- contempt of a domestic violence order
And any crime involving risk of death or serious bodily injury and cyber harassment.
As you can see from the many criminal acts listed here, domestic violence goes way beyond acts of abuse. The relationships and context in which these crimes take place set them apart from a general criminal act. How New Jersey defines domestic relationships is discussed below. For further information on what constitutes a domestic violence act in New Jersey, contact our law firm to speak with a domestic violence lawyer today.
Who may make a domestic violence complaint in New Jersey?
Remember that relationships that are classified as “domestic” are broad in New Jersey. Many people believe that a domestic violence charge can only occur between spouses or those in intimate relationships. However, the legal definition of a domestic relationship in the New Jersey Prevention of Domestic Violence Act is extensive:
“In domestic violence cases, the plaintiff is a person who seeks or has been granted relief from domestic abuse. The defendant is a person at least 18 years old or emancipated who is alleged to have committed or who has been found to have committed an act of domestic violence. The parties must have had a specific relationship at present or in the past. The gender of the parties is not a factor.
The relationship must be one of the following: marriage; separation; divorce; living together in the same household at present or in the past; a person whom the plaintiff has dated or a person with whom the plaintiff has a child in common or anticipates having a child in common. The defendant must be 18 or older or be an emancipated minor. Under the PDVA, a minor is considered emancipated from his or her parents when the minor is or has been married, has entered military service, has a child or is pregnant, or has been previously declared by the court or an administrative agency to be emancipated.”
Is domestic violence an indictable offense in New Jersey?
A domestic violence charge can be classified as either a disorderly persons offense (misdemeanor) or an indictable offense in New Jersey. This will depend on the severity of the charge and the relationship of the persons involved. For instance, a simple assault charge may result in a disorderly persons offense, while something more serious, such as a sexual assault, may result in a felony. Regardless if you were charged with a domestic violence disorderly persons offense (misdemeanor) or an indictable offense, it’s important to have a trusted and experienced domestic violence lawyer on your side. Contact the law office of John B. Fabriele, III today to learn more about domestic violence charges and penalties in New Jersey.
What are the penalties for domestic violence convictions in New Jersey?
The consequences and penalties for domestic violence in New Jersey will depend on the degree of the charge. There are fourth-degree, third-degree, second-degree, and first-degree felony domestic violence classifications.
Fourth-degree felony charges, the lowest level of domestic violence felonies, may result in up to 18 months in a New Jersey prison, while first-degree felony charges can result in up to 20 years. In addition to time in prison, a person charged with domestic violence can face many other consequences such as a temporary restraining order (TRO), a final restraining order (FRO), bans on owning weapons, and expensive fines.
What happens in a New Jersey domestic violence complaint?
A helpful way of understanding what happens after a domestic violence complaint is made is by reviewing section II and III of the Guidelines on Police Response Procedures in Domestic Violence Cases:
- II. Mandatory Arrest. A police officer must arrest and take into custody a domestic violence suspect and must sign the criminal complaint against that person if
- The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A. 2C:25-21a(1).
- The word, "exhibits," is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Probable cause to arrest also may be established when the police officer observes manifestations of an internal injury suffered by the victim.
- Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest.
- In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider:
- the comparative extent of injuries suffered;
- the history of domestic violence between the parties, if any, or
- other relevant factors.
- Police shall follow standard procedures in rendering or summoning emergency treatment of the victim, if required.
- There is probable cause to believe that the terms of a no contact court order have been violated. If the victim does not have a copy of the court order, the officer may verify the existence of an order with the appropriate law enforcement agency.
- A warrant is in effect.
- There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has been involved in the commission of an act of domestic violence.
- The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A. 2C:25-21a(1).
- III. Discretionary Arrest. A police officer may arrest a person or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed but none of the conditions in Section II. above applies.
- IV. Seizure of Weapons.
- Seizure of a Weapon for Safekeeping.
- A police officer who has probable cause to believe that an act of domestic violence has been committed may:
- Question all persons present to determine whether there are weapons, as defined in N.J.S.A. 2C:39- 1r, on the premises.
- If an officer sees or learns that a weapon is present within the premises of a domestic violence incident and reasonably believes that the weapon would expose the victim to a risk of serious bodily injury, the officer should attempt to gain possession of the weapon.
- If the weapon is in plain view, the officer should seize the weapon.
- If the weapon is not in plain view but is located within the premises jointly possessed by both the domestic violence assailant and the domestic violence victim, the officer should obtain the consent, preferably in writing, of the domestic violence victim to search for and to seize the weapon.
- If the weapon is not located within the premises jointly possessed by the domestic violence victim and assailant but is located upon other premises, the officer should attempt to obtain possession of the weapon from the possessor of the weapon, either the domestic violence assailant or a third party, by a voluntary surrender of the weapon.
- If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon or to allow the officer to enter the premises to search for the named weapon, the officer should obtain a Domestic Violence Warrant for the Search and Seizure of Weapons.
Do you need a lawyer for a domestic violence case?
This is a common question when it comes to domestic violence charges. Some see a domestic violence charge or restraining order as a personal issue between family members, spouses, partners, or ex-partners. It’s common for those accused of domestic violence to feel as though this is a legal matter that they can resolve on their own. This is a common but significant mistake. Attempting to handle a domestic violence charge on your own can be incredibly difficult for a few reasons. First, it’s extremely emotional and stressful. Having a domestic violence lawyer on your side can provide clarity, comfort, and security with what happens next. No one under the weight of these circumstances should have to formulate a defense on their own. Second, the laws and penalties around New Jersey domestic violence acts can be vague and confusing. If you don’t have a legal background or previous experience as an attorney, it’s not recommended to handle your case alone.
Lastly, filing paperwork, collecting evidence, interviewing family members or witnesses is very time-consuming. Only an experienced New Jersey domestic violence attorney can provide you with the dedication, time, attention, legal expertise, and aggressive defense to deliver the best possible outcomes. If you’ve been charged with domestic violence, contact our law office right away. The sooner we start working on your case, the better the results. Take advantage of our free consultation and discuss your case with an experienced domestic violence lawyer today.
How can an attorney help with your New Jersey domestic violence case?
A New Jersey domestic violence lawyer can help you in many different ways. A defense attorney can explain your charges, potential penalties, the terms of a restraining order, help you understand your circumstances, and provide clarity. A defense attorney can identify mistakes or unjust factors in your arrest and bring these issues to the attention of a New Jersey court. A domestic violence lawyer can formulate an aggressive and powerful defense by collecting evidence and interviewing witnesses. Overall, it’s never advised to deal with a domestic violence charge on your own. Contact the law office of John B. Fabriele, III today to learn more about how a New Jersey domestic violence attorney can help you.
New Jersey Domestic Violence Lawyer John B. Fabriele
The Law Office of New Jersey Domestic Violence Lawyer John B. Fabriele, III is available to take your case and fight your criminal charge. Statistics show that the sooner you get an experienced attorney working on your domestic violence case, the easier it is to achieve the best possible results. We relentlessly and aggressively work for our clients to create a strong defense for your domestic violence offense and create the most desirable outcomes.
We represent people throughout Middlesex, Monmouth, Ocean, Somerset, and Union Counties. If you would like a free consultation at our office feel free to contact us at (732) 246-0888.
Don’t leave your freedom to chance. Contact our New Jersey Domestic Violence Law Firm today and get the legal assistance you need to protect your rights.
For questions regarding domestic violence restraining order, spousal abuse, aggravated assault and any other criminal offense please call us to schedule a free consultation with New Jersey attorney John B. Fabriele.
New Jersey Domestic Violence Lawyer Office
New Jersey Domestic Violence Lawyer
East Brunswick , NJ
Phone: (732) 246-0888