Few things can disrupt a person's life more acutely than being accused of domestic violence. In New Jersey, domestic violence accusations can have devastating effects on your life, career, and relationships. Not only could you face criminal charges and jail time, but you could be hit with a restraining order that could potentially force you to leave your home, block you from access to your partner, and possibly impact your custody rights--even if no charges are ever filed.
Fortunately, you don't have to face these challenges alone. At the Lento Law Firm, we understand the gravity of domestic violence charges and the stress they can bring. Our Criminal Defense Team has many years of experience successfully defending individuals in New Jersey accused of various forms of domestic violence. We are dedicated to protecting your rights and ensuring that your side of the story is heard. To schedule a consultation, call us today at 888-535-3686 or fill out our convenient online form.
Common Types of Domestic Violence Accusations
In New Jersey, there is no specific crime of domestic violence; rather, domestic violence is defined by the victim of violence, not just the act itself. NJ Rev Stat § 2C:25-19, more commonly known as the Prevention of Domestic Violence Act (PDVA), certain crimes are designated as domestic violence when they are committed against spouses, ex-spouses, cohabitants, dating partners, or individuals who share a child. The specific list of crimes includes offenses ranging from homicide and sexual assault to basic assault, stalking, and criminal threats. However, generally speaking, accusations of domestic violence fall into one or more of the following three categories of abuse.
Physical Abuse
Physical abuse is one of the most common types of domestic violence accusations (and usually the easiest to prove). It involves the use of physical force against another person. In New Jersey, this can include any intentional or reckless act that causes the threat of death or serious bodily harm to a family member, partner, or cohabitant. Physical abuse charges may involve:
- Hitting, punching, or kicking
- Pushing or shoving
- Grabbing or restraining
- Use of a weapon to cause harm
- Threatening physical violence
Under New Jersey's Prevention of Domestic Violence Act (PDVA), acts of physical abuse fall under specific criminal offenses, including assault, aggravated assault, and criminal mischief.
Emotional Abuse
While less visible than physical abuse, emotional abuse is another serious form of domestic violence prosecutable under New Jersey law. Emotional abuse involves the use of verbal attacks, manipulation, or intimidation to control or harm another person. Common behaviors that can lead to accusations of emotional abuse include:
- Constant criticism or humiliation
- Isolating the victim from family and friends
- Verbal threats or intimidation
- Gaslighting, where the abuser makes the victim doubt their own reality
New Jersey courts recognize emotional abuse as a form of domestic violence, especially when it is part of a pattern of controlling behavior. It can often be translated into criminal charges for offenses such as harassment, stalking, criminal threats, etc.
Psychological Abuse
Psychological abuse often overlaps with emotional abuse but can involve more insidious methods of control and manipulation. In New Jersey, psychological abuse is defined as actions that damage the mental well-being of the victim. Common examples of psychological abuse include:
- Stalking or harassment
- Threatening harm to the victim or their loved ones
- Extreme jealousy or possessiveness
- Manipulating the victim to the point of psychological distress
Psychological abuse may result in charges of harassment, stalking, or making terroristic threats under New Jersey law. Because psychological abuse can leave a lasting emotional impact on the victim, the courts often treat these allegations as seriously as allegations of physical violence.
Repercussions of Domestic Violence Accusations in NJ Extend Beyond Criminal Charges
In New Jersey, domestic violence is treated as a serious offense and is often accompanied by criminal charges that may result in penalties like fines, jail time, and mandatory counseling--not to mention a lingering criminal record that may affect where you can work or live. However, under the provisions of the PDVA, domestic violence accusations can have other negative consequences even if no criminal charges are ever filed.
Restraining Orders
A domestic violence accusation can lead to the issuance of a restraining order that can severely limit your freedom. Even if the prosecution doesn't file charges, a judge may issue a restraining order based on a preponderance of the evidence if they believe the alleged victim is at risk of harm by you in any way. A restraining order can affect you by prohibiting you from contacting the alleged victim, staying in your own home, or seeing your children. Violating a restraining order, even unintentionally, can result in additional criminal charges, fines, and jail time.
Impact on Child Custody and Divorce Proceedings
If you're involved in a divorce or child custody dispute, a domestic violence accusation can significantly affect the outcome of your case. New Jersey courts take domestic violence allegations seriously when determining child custody arrangements, often favoring the accuser. A domestic violence conviction can also be used as leverage in divorce settlements, impacting your rights to property, alimony, and visitation with your children.
How the Lento Law Firm Can Help
Domestic violence accusations are serious, but with the right legal defense, you can protect your future and avoid the harshest consequences. At the Lento Law Firm, our Criminal Defense Team has a proven track record of successfully defending clients against domestic violence accusations throughout New Jersey. We understand the complexities of these cases and are prepared to fight for your rights every step of the way. We will thoroughly investigate the allegations against you, gather evidence in your favor, challenge the prosecution's case, and help you contest a restraining order, if necessary. We will work tirelessly to build a strong defense strategy that gives you the best chance of a favorable outcome.
If you're accused of domestic violence in New Jersey, don't take unnecessary risks with your future. Let the Lento Law Firm work to minimize these repercussions and help you regain control of your life. Call us today at 888-535-3686 or fill out our online form.
