Cases of domestic violence are notoriously complex and are often very emotionally charged. Not only are defendants accused of serious violent crimes, but family members and personal friends often become involved, and households are left divided. While defendants may want to keep the dispute private and within their own homes, an attorney is necessary to fight your charges.
A lawyer is crucial to the success of your case. Depending on the nature of your alleged offense, domestic violence cases may be factually and legally complex. Crimes of domestic violence frequently involve unreliable witnesses and alleged victims who change their stories or end up recanting their accusations. The entire situation can be very overwhelming. You need an experienced attorney to help you navigate the judicial process.
If you stand accused of domestic violence, our Cape May domestic violence defense attorneys can advise you on what to do next. Discuss your case with our skilled team in a free legal consultation at the Law Offices of John J. Zarych. Call us today at (609) 616-4956 to get started.
Why Should I Hire an Attorney for Domestic Violence Charges in New Jersey?
The criminal justice process in any case can be very complicated, confusing, and stressful. This is especially so for domestic violence cases where the facts of your case may be difficult to determine. Domestic violence cases are extremely personal and emotional, and alleged victims and witnesses may alter facts in their stories to protect themselves or to spite others. Contending with an investigation while preparing for your numerous hearings can be handled by our New Jersey domestic violence defense attorneys.
An attorney can help with the many pre-trial hearings and stages of your domestic violence case. After being arrested, you will go through bail hearings, arraignments, and possibly a preliminary hearing, among others. The requirements and demands of each hearing are different, and it may be difficult for you to prepare on your own. An experienced attorney will know how to approach each hearing and help guide you through the process.
The trial is the heart of the criminal justice process and requires a lot of preparation. To have any chance of success, you need to understand the laws as they apply to your case. You must also understand rules of evidence and procedure that are critical to conducting a trial. One poor decision could cost you everything. Your attorney would be trained in conducting a trial and will know how to handle your case.
There are numerous other issues outside of a trial that your attorney can help you with. Our Ocean City, NJ domestic violence defense attorneys can handle things like plea negotiations, motions, and appeals.
Criminal Offenses That Can be Charged as Domestic Violence in New Jersey
Domestic violence is not a single charge. It is not even a group of specific charges. Domestic violence is more like a label placed on crimes committed against a certain class of people. Domestic violence may include numerous criminal acts of violence inflicted upon someone considered a protected person under the Prevention of Domestic Violence Act of 1991.
Protected people typically include a cohabitant or someone you are living with. In many situations, the alleged victim in a domestic violence case is a romantic partner or spouse. However, victims can also be family members, emancipated minors, or dependent adults. Charges for domestic violence crimes may range from disorderly persons offenses to serious indictable crimes.
The legal definition of domestic violence can be found under N.J.S.A. § 2C:25-19 The statute provides an extensive list of offenses that may be considered acts of domestic violence. The list includes homicide, assault, kidnapping, sexual assault, false imprisonment, and other crimes. Some domestic violence offenses do not necessarily involve physical violence. Crimes like stalking, terroristic threats, and harassment may also be considered acts of domestic violence if the alleged victim was a cohabitant or romantic partner.
Many different crimes may be labeled as acts of domestic violence, so it is important to talk to our Sea Isle City domestic violence defense lawyers to determine if your charges fit this label. If not, we can fight to have your charges dropped.
Restraining or Protective Orders for New Jersey Domestic Violence Charges
Domestic violence defendants often overlook protective or restraining orders until it is too late. These orders are imposed to keep defendants away from alleged victims. They are common in cases of domestic violence where a victim claims they feel threatened by the defendant. While these orders do a good job at keeping distance between the two parties, they often come with a whole host of complications for defendants.
These kinds of orders may be imposed before your trial begins, sometimes in your absence. Courts will go to great lengths to ensure the protection of victims, even if that protection comes at the cost of the defendant’s rights. The defendant could be prevented from seeing any children they share with the alleged victim as orders often cover other people close to the alleged victim.
If the parties live together, the defendant might be ordered to move out. This is a serious problem in cases where defendants have nowhere else to live. Similarly, if the parties work together, the defendant’s job could be at risk.
Protective or restraining orders may only last for the duration of your trial. However, if you are convicted, the order could be made a permanent part of your sentence. However, these orders can be challenged, and our Egg Harbor domestic violence defense attorneys can argue to have them lifted.
Call Our New Jersey Domestic Violence Defense Lawyers
If you are charged with a crime of domestic violence, an attorney is crucial to the success of your case. Our New Jersey domestic violence defense attorneys have the skills and experience to challenge your charges. Call the Law Offices of John J. Zarych at (609) 616-4956 to get started with a free legal consultation.