Accusations of domestic violence can turn your life into a nightmare, especially if you are being falsely accused. Being charged with domestic violence in New Jersey can lead to jail time, heavy fines, and even loss of your job. Being accused of domestic violence in New Jersey is incredibly serious. Regardless of your guilt or innocence, being charged with a domestic violence crime can disrupt your life and put your future plans at risk. If you have been accused of domestic violence in this state, chances are you’re feeling fearful, uncertain, and overwhelmed about what to expect. You must act quickly to protect your rights and avoid the worst outcomes.
Jersey City domestic violence defense attorney Anthony Carbone will vigorously challenge charges of domestic assault or violating an order of protection. With more than 35 years of experience guiding clients through the New Jersey court system and helping them during their time of need. If you have been accused of domestic violence, now is the time to get a lawyer who will fight for your rights.
What is Classified as Domestic Violence?
Domestic violence is not just physical abuse or one type of crime. It refers to a broad range of crimes. A crime is classified as domestic violence based on the intimate relationship between the victim and the alleged abuser. These relationships include:
- You are married.
- You are separated.
- You are divorced.
- You are dating or have dated in the past.
- You are living together.
- You used to live together.
- You have a child together or are expecting a child.
Domestic violence may include the following:
- Assault
- Sexual assault
- Harassment
- Stalking
- Robbery
- Burglary
- Criminal restraint
- False imprisonment
- Kidnapping
- Terrorism
- Criminal coercion
- Lewd behavior
- Criminal mischief
- Criminal trespass
- Homicide
Physical Contact Not Required
When you think of domestic violence, you may imagine physical contact. However, there does not need to be any physical contact under the law. Verbal, emotional, or financial abuse may also be classified as domestic violence. Here are some instances in which this can happen:
- You exchanged heated words with your partner, and something you said was perceived as a threat.
- You tried multiple times to reach your partner, and it was perceived as harassment or stalking.
- You entered your partner’s home without permission and took something. That could be construed as domestic violence burglary
- You sent your partner intimate photos or texts, and they claimed it was lewdness.
- You came over to your partner’s house when they told you not to. This could be considered criminal trespass.
Economic and Financial Abuse
Keep in mind that controlling finances can also be construed as domestic violence. Are you doing any of the following to your spouse or partner?
- Rigidly controlling their finances
- Withholding money or credit cards
- Making them account for every penny they spend.
- Withholding basic necessities, such as food, clothes, shelter, and medications
- Restricting them to an allowance
- Preventing them from working
- Sabotaging their job (such as showing up at their workplace, calling them constantly, trying to get them fired, etc.)
- Stealing from them or taking their money
When You Are Charged With Domestic Violence in Jersey City
There are two parts to the domestic violence criminal process in New Jersey. Both can have a negative impact on any current or future divorce and child custody matters and both have serious consequences:
- The family court case can lead to permanent restraining orders that cut you off from your family.
- The criminal charges can result in jail, large fines, and other penalties.
It doesn’t take much for abuse to be proven. With very little evidence, the court will approve a temporary restraining order. This means that you are kicked out of your own house and are ordered to have no contact with your spouse/partner or your children (unless visitation is allowed). It may also require you to pay child support and alimony.
Do not violate a restraining order. Even if your intentions are to apologize or to try and work things out with your spouse, once the restraining order is in place, you cannot violate the terms unless you want to be charged with additional crimes. If you want the restraining order to be vacated, talk to your attorney about your options. Do not attempt to make contact on your own, as it could only make matters worse.
Within 10 days, there will be a full trial on whether to continue the restraining order and whether there is a basis for the criminal charges. That’s not much time to prepare your defense.
Defenses to Domestic Violence
Sometimes victims wrongfully accuse their partner of domestic violence when it did not happen. If this has happened to you, you need to defend yourself and protect your legal rights.
If someone is wrongfully accused of domestic violence, they have the right to a legal defense. Here are some potential legal defenses that a person wrongfully accused of domestic violence may consider:
- False accusation. Your lawyer can argue that the accuser has provided no credible evidence or that the evidence presented is insufficient to support the allegations. Look for inconsistencies or contradictions in the accuser’s statements, as many will make up a story and then forget it, so there may be multiple versions of what they think happened.
- Self-defense. You can show that any physical contact you had with the victim was in self-defense or defense of others, such as children or other family members. Look for evidence that you were responding to a perceived threat. For example, do you have witnesses?
- Lack of intent. Domestic violence requires intent. The harm must have happened on purpose. If you accidentally bumped into your partner and caused them to smash their hand, it may cause injuries and a lot of pain, but that is not domestic violence.
- False memories or exaggeration. Sometimes people exaggerate what happened. They may turn something minor into a major altercation. In these cases, it’s a good idea to have evidence of what really happened. Otherwise, it’s your word against theirs. Don’t let this become a he said/she said situation. Try to get witness statements or surveillance footage of what really happened, if possible.
- Alibi. If you were not with the victim at the time the abuse allegedly occurred, you will need to come up with an alibi. What were you doing at the time? What can you show to prove that you were not present at the alleged scene of domestic violence at the time it supposedly occurred? Who were you with? Do you have witnesses? Were you at a restaurant or store? Do you have receipts documenting the date and time?
- Character witnesses. Sometimes, character witnesses can be helpful. Do you have a friend, neighbor, or co-worker who can vouch for you? Can they testify about your character and personality? Their testimony may be used to counter the allegations.
- Consent. If the victim is claiming that they were sexually abused, you will need to prove that this is not true. Do you have anything proving that the physical contact was wanted and consensual? Do you have any evidence, such as text messages or other communications, showing a consensual relationship?
- Police misconduct. Sometimes police officers may not gather evidence the right way. You will need to prove the inappropriate conduct of law enforcement, such as improper procedures or biased questioning.
- Exclusion of evidence. If certain evidence was obtained illegally, you can file motions to exclude it and show that it violated your legal rights.
It’s important to note that each case is unique. The specific strategies that you can use will depend on the circumstances.
How Our Jersey City Domestic Violence Defense Attorney Can Help
Once you hire our Jersey City domestic violence defense lawyer, he will work quickly on your behalf. Mr. Carbone will fight hard to prove that:
- The alleged abuse does not meet the criteria for domestic violence.
- The alleged victim and children are not in any danger.
- The accusations are tied to divorce or custody proceedings.
- The victim made up allegations for immigration reasons (asylum).
At a minimum, Mr. Carbone will be able to get the court to soften the terms of the order of protection, giving families a chance to reconcile.
Jersey City domestic violence defense attorney Anthony Carbone is in Hudson County courts nearly every day. He can come to your defense on short notice, including evenings and weekends. Contact the Law Offices of Anthony Carbone immediately for a free initial consultation with our domestic violence attorney in Jersey City. We have Spanish speakers on staff, and our Jersey City office is located right next to the Journal Square station.
CALL NOW: (201) 829-3829
