Domestic violence is a serious allegation. A conviction can result in any or several of the following:
- jail time
- penalty or fines
- loss of child custody
- negative impact on your persona and professional life
Also, domestic violence is not restricted to physical violence. It can include the following:
The current definition of domestic violence-related behaviours can be broad, and sometimes it is possible to be wrongly accused of such offence.
What Are The Most Common Domestic Violence Charges?
You can be charged with four common crimes under domestic violence. Let's take a deep dive into each one below.
- Domestic Assault
Domestic assault is any assault between those who have an intimate relationship or are currently living together. An assault is actual harm or the threat of harm used against another person.
Often, assault involves physical violence, but it does not necessarily require it. Thus, if a victim feels they are in danger of suffering from harm, an assault has already been committed.
- Domestic Battery
Usually, assault and battery are lumped together, but they are not the same in legal terms. For example, when someone commits an assault, they do not have to inflict physical injury. Instead, they can threaten physical violence, and they would still be committing assault.
However, battery always involves an actual infliction of physical injury, and in domestic battery, one partner is often injured by another. There are also times when it will include partners and children or older parents.
Domestic battery includes pushing or shoving, hitting, punching, slapping, burns, sexual abuse, kicking, and throwing objects. Such cases can be severe, and these accusants can arise as one partner to take revenge against the other.
- Child endangerment
Child endangerment will usually constitute physical injury, causing risk of disfigurement or death, sexual acts with a child, abandonment and dietary or nutritional neglect.
- Restraining Order
Restraining orders can be confusing and limiting. These are court orders that aim to prevent communication or connection between partners, and these are typically requested if a spouse or partner feels threatened by the other.
Unfortunately, there are times when intense emotions can cause one spouse or partner to wrongfully accuse the other of violating the court order, which usually leads to severe legal penalties.
There are several types of restraining orders, but the primary purpose of one is to bar someone, a spouse or a partner, from having contact with the other. There are two types of restraining orders:
A temporary restraining order (TRO) will be in effect until a judge speaks to both parties involved in the case.
A final restraining order (FRO), on the other hand, is permanently in effect until a judge grants the victim's plea to vacate the restraining order.
Restraining order violations have severe legal results. Anyone who is found to violate their restraining order is subject to the following consequences:
- penalty or fines
- jail time that can last up to 18 months
- harsher restraining orders in the future.
Although every sentence is handled individually, multiple violations will always be considered. Thus, making the violator's punishment more severe.
- Domestic Violence In New Jersey
Domestic violence is commonly specified as a pattern of abusive behaviour in any relationship. This is because one partner often uses it to gain or maintain power and control over the other.
In addition, the following infractions can be considered domestic violence offences under New Jersey's Prevention of Domestic Violence Act of 1991.
- terroristic threats
- criminal restraint
- false imprisonment
- sexual assault
- crimina secual contact
- criminal mischief
- criminal trespass
This list includes severe offences. So if you are currently being investigated or have been charged with a domestic violence offence, you should discuss your options with a New Jersey criminal defense lawyer as soon as possible.
So what's the first step you need to do so you can prove your innocence?
First, it's crucial to immediately reach out to a domestic violence defense lawyer. Here's a list of qualifications you may use when choosing someone who will represent you.
- Certification as a Criminal Trial Attorney
- Expertise in handling domestic violence charges
- Someone who focuses on criminal defense
After contacting a domestic violence lawyer, they will thoroughly review the circumstances of your case. Then, they will advise you about the best legal options available. In addition, the free initial consultation is entirely confidential, and you will not carry further obligations on your part.
Each person charged with a crime is always innocent until proven guilty. If you are being investigated or charged with any criminal allegation, you have the right to defend yourself.
In addition, it is your right to contact a criminal defense lawyer to assist you. But, when looking for a criminal defense lawyer, make sure to find someone you can fully trust with all your personal and private details.