Domestic violence accusations can result in serious consequences in New Jersey. If you have been accused of domestic violence, understanding how the law works and the best defenses you can use in your case is crucial in protecting yourself and your future. Continue reading for more information and reach out to the Law Office of Douglas Herring to find out how a Mercer County domestic violence defense lawyer can help.
What is Domestic Violence?
The New Jersey Prevention of Domestic Violence Act of 1991 defines domestic violence, outlines protected classes, allows victims to obtain restraining orders, authorizes police to make immediate arrests under certain circumstances, and provides services and protection for victims.
According to this New Jersey law, domestic violence occurs when any of the following are done to a current or former spouse of the offender, an individual who shares a child with the offender, current or former household members of the offender, people in a dating relationship with the offender, or pregnant victims, even if the relationship has ended.
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Cyber-harassment
- Any other crime involving risk of death or serious bodily injury
Domestic violence is not a single crime; it is a category of offenses that may apply based on the relationship between the offender and the victim.
What Are the Best Defenses Against Domestic Violence Charges in NJ?
Domestic violence charges have serious implications and can result in significant consequences, both legally and personally. For this reason, it is crucial that you understand all of the defenses available to you. Consider the following.
- False accusations: While it is important to believe the victims of domestic violence, it is possible for one party to falsely accuse the other. The person accusing you may want revenge for some reason, be motivated by jealousy or anger, or want to get a leg up in a custody battle.
- Self-defense: It is possible that you were acting in self-defense when the alleged domestic violence occurred and that you were actually responding to a situation that the accuser initiated.
- Consent: Under certain circumstances, you may be able to argue that the accuser actually consented to certain actions.
- Lack of evidence: The prosecution must be able to prove that you are guilty beyond a reasonable doubt. You and your legal team could find weaknesses in their case and poke holes in their argument.
- Lack of intent: Domestic violence convictions likely require proof of your intention and purposeful action. If you can prove that the behavior was incidental, your actions may not amount to domestic violence.
It is crucial that you work with a skilled legal professional during your case who can help you determine which defense will work best. Reach out to an attorney today for more information and counsel.
