Mercer County Domestic Violence Defense Lawyer

If you’ve been accused of committing an act of physical, emotional, or sexual abuse against a household member or significant other, you should speak with a Mercer County domestic violence defense lawyer at once. Our firm is here to help. Contact the Law Office of Douglas Herring today.

Mercer County Domestic Violence Lawyer | Here to Preserve Your Good Name

Domestic violence accusations are incredibly serious in the state of New Jersey. However, to be convicted of an act of domestic violence, the State must prove the charge beyond a reasonable doubt in a criminal case, and in a restraining order case, the plaintiff must prove by a preponderance of the evidence both that a predicate act occurred and that an order is necessary to protect them (the Silver test). Protected relationships include spouses, dating partners, former household members, and co-parents (including during pregnancy).

If you are accused of domestic violence, it is in your best interests to proceed with a Mercer County criminal defense lawyer at your side who can work to fight your charges and preserve your good name.

What Happens When Police Are Notified of an Act of Domestic Violence?

The state of New Jersey does not tolerate acts of domestic violence, and when law enforcement is called to respond to an act of alleged domestic violence, they must arrest in certain circumstances (such as visible signs of injury, an outstanding warrant, a restraining-order violation, or a weapon involved). In other cases, arrest is discretionary if there is probable cause. From here, the victim will most likely request a temporary restraining order against the accused party. That said, you should understand that a domestic violence charge does not always translate to a conviction, especially with competent legal assistance at your side. Our Mercer County domestic violence defense lawyer can fight to disprove your charges.

Consequences of Domestic Violence Convictions in NJ

When someone is found guilty of an act of domestic violence, they will face various penalties under the Prevention of Domestic Violence Act. Essentially, this Act gives domestic violence victims the right to pursue both civil and criminal penalties from the offender.

For example, if you are accused of domestic violence, you may have a temporary restraining order placed against you, and, if the victim proves their domestic violence accusation at a final restraining order hearing, you will most likely face a final restraining order, which will prevent you from contacting the victim and their family. An FRO does not expire; it remains in effect until vacated by a court or dismissed by the plaintiff.

It also requires immediate surrender of firearms and bars future firearm purchase or possession for at least the duration of the order or two years, whichever is longer. This can also impact child custody terms if you share a child with the victim. Finally, though domestic violence isn’t a specific criminal charge, abusers may face assault, harassment, or other charges pertaining to their specific crime. Since 2023, New Jersey law has also expanded certain protective orders beyond traditional PDVA relationships, so additional remedies may be available.

Contact Us Today

Domestic violence accusations can derail a person’s life for years, which is why if you’ve been accused of an act of domestic violence, you need a legal team you can count on. Contact the Law Office of Douglas Herring today to schedule your free initial consultation with our legal team.