Domestic violence is not a specific criminal offense but rather a label applied to offenses that occur under certain conditions. Generally, domestic violence may involve violent offenses committed by a spouse, partner, parent, or household member. If you have been accused of domestic violence, talk to an attorney immediately, as potential penalties for these kinds of offenses are often very harsh.
Your lawyer may argue that you did not have the necessary relationship with the victim to be charged with domestic violence, or perhaps the defendant is lying. Another possibility is that the situation is not nearly as bad as the victim and authorities make it out to be. Maybe the victim was not “beaten” but lightly pushed aside when you tried to leave. Finding the right defense is crucial because you might lose your right to own a firearm, be ordered to stay away from your children, and risk possibly greater time behind bars if you are convicted.
Get a confidential case assessment for free from our NJ criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Fighting Criminal Charges Related to Domestic Violence in NJ
Every case is unique, and how our NJ domestic violence charges defense attorneys challenge the charges against you will depend on your specific circumstances. One important question we should ask ourselves is this: do the facts of the case fit the definition of domestic violence? If not, we can challenge the charges.
Suppose your charges do not have the label of domestic violence. In that case, potential penalties might be reduced, and you may avoid other unpleasant consequences, like having to surrender firearms or being ordered to stay away from your kids.
We should also consider your relationship with the alleged victim. Domestic violence, by its very nature, involves people who have a personal or familial relationship. Spouses, former spouses, and other household members may be capable of domestic violence. A neighbor, coworker, or even a friend should not be charged with domestic violence because they do not have the necessary relationship with the alleged victim.
Another rather unfortunate possibility is that the victim is simply lying. This is not all that uncommon in alleged domestic violence cases. People sometimes try to lash out at partners or former partners by making false claims of domestic violence. In other words, a spouse, partner, or household member might claim to have been the victim of domestic violence as a way of “getting back” at you for something.
Domestic violence charges are also a common issue in divorce and child custody proceedings. Since family courts prioritize the best interests of the children in custody battles, they are far less likely to award custody to someone who is charged with domestic violence. We need proof of the lie. This might sound difficult, but you might be surprised. Lies tend to fall apart rather quickly in court.
What to Do if You Are Accused of Domestic Violence in NJ
Domestic violence is explained under N.J.S.A. § 2C:25-19(a). Essentially, a criminal offense may be considered an act of domestic violence if certain violent offenses are committed against someone protected by the above-mentioned law. Such a person tends to be a spouse, romantic partner, former spouse or partner, someone you share children with, or a family member you live with.
For example, if a defendant is accused of causing another person injuries by pushing them down the stairs, they might be charged with simple assault. However, if the assault was between a married couple having an argument in their home, the defendant’s alleged offense may be labeled as domestic violence.
The potential penalties of criminal charges for domestic violence tend to be severe. For example, if you are convicted of a crime, you might be sentenced to jail or prison. If that offense involved domestic violence, the judge may be inclined to impose a penalty at the highest end of the sentencing guidelines. Additionally, people convicted of crimes of domestic violence often lose their right to own and carry a firearm.
Domestic violence charges might also impact your relationships with your family. Your ability to see your family might be hindered, especially if the alleged victim is a spouse or someone you share children with. Many defendants are ordered by the court to stay away from the alleged victim, including any children they share.
Reducing Domestic Violence Charges in NJ
We must confront the possibility that we might not be able to completely refute the accusations against you. However, it might be possible to reduce the charges and potential penalties. Mitigating factors include details about your case that make your alleged actions seem less bad.
We can argue about the degree of alleged harm to the victim. This might be a useful tactic if the alleged victim is claiming severe injuries, but the evidence indicates that the injuries were minor at best. When injuries are less severe, the judge may be more willing to show leniency during sentencing if it is within their discretion.
We might also argue over the alleged use of a weapon. When weapons are involved in almost any case, the charges and penalties become worse. If we can prove to the court that no weapon was present, the final outcome might be better for you.
We might instead argue that your supposed act of domestic violence was actually self-defense. Domestic violence cases often involve people in rather tumultuous relationships, and it is not unusual for both parties to have committed some act of abuse, often in a tit-for-tat kind of way. If you used force against the supposed victim because they attacked you first, tell your lawyer immediately.
Contact our NJ Domestic Violence Charges Defense Attorneys Right Away
Get a confidential case assessment for free from our NJ domestic violence charges defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
