If you face assault or harassment charges in a domestic context or have been served with a domestic violence restraining order, you may have to deal with severe consequences. You could be looking at possible jail time and a permanent criminal record. And, under New Jersey’s Prevention of Domestic Violence Act, you could be barred from returning to your own home, prevented from seeing your children, and even have your firearms seized and possibly permanently forfeited. Accordingly, domestic violence charges in New Jersey have a major impact on your life.
You can be accused of domestic violence by your spouse, partner, ex-boyfriend, ex-girlfriend, parents, children, roommates, and others who meet the definition of a “victim of domestic violence.”
Given the nature of the relationship between the parties involved, defending against domestic violence can be very complicated, especially if you are going through a divorce with the accuser.
If your accuser applies for a restraining order, you will need to appear in the Family Part of the County Court. Law enforcement or your accuser can file a criminal complaint against you. Depending on the severity of the allegation, this complaint will either be addressed in the town where the alleged conduct took place or transferred to the County Prosecutor’s Office, determining whether it should remain at the Superior Court level.
Again, as a defendant in one or both of these scenarios, the legal ramifications and collateral consequences that may result if not handled properly can be life-altering.
Speaking to an attorney can give you insight into your options for the best possible outcome. Please call me if you have any questions or if you face domestic violence charges in New Jersey.