First, let’s take a look at who is protected under the domestic violence laws. As we’ve talked about previously, in order to be protected by the domestic violence act, the alleged victim must be:
- At least 18 years old or an emancipated minor
- Has been a victim of domestic violence by someone who they have a child with
- Has been in a dating relationship with the abuser
If the alleged victim shows any signs of domestic violence, such as visible bruises, or states that abuses has happened, the police must arrest a domestic violence suspect. After the suspect is arrested, chances are a restraining order will be issued against him/her. As we discussed earlier, if the suspect violates the restraining order, he/she can be sent to jail for up to 18 months and receive a fine of $10,000.
If you are accused of domestic violence, you may receive two different legal complaints – a civil complaint from the alleged victim and a criminal complaint. The civil complaint is used to allow the court to resolve a conflict between you and the alleged victim. It’s more for protection than a punishment. This is when a restraining order may be obtained.
Under the New Jersey Prevention of Domestic Violence Act says that following criminal charges can be held against you:
- Homicide
- Assault
- Terroristic Threats
- Kidnapping
- Criminal restraints
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal Mischief
- Burglary
- Criminal Trespass
- Harassment
- Stalking
As you can see, a domestic violence charge can impact your life drastically. That’s why you need an experienced criminal defense attorney to help you with the court system. For the past 26 years, the Law Offices of Anthony Carbone has been helping its clients get the justice they deserve. Contact us today for a free consultation.