Domestic Violence Accusations of Physical Abuse in New Jersey: What You Need to Know

Being accused of domestic violence, particularly physical abuse, is a serious matter that can have life-altering consequences. In New Jersey, the legal system pays close attention to such accusations and reacts quickly to protect alleged victims. The state also ensures that accused parties are granted their due process, as false accusations of domestic violence can still be enough to destroy a person's reputation.

If you're facing accusations of physical abuse in a domestic violence case in New Jersey, it's critical that you understand the legal landscape and the steps you can take to protect yourself. Having a knowledgeable and experienced attorney on your side is the best way to navigate these challenging circumstances and protect your rights.

If you've been accused of physical abuse in the state of New Jersey, the Lento Law Firm Criminal Defense Team is ready to help. Call us today at 888.535.3686 or contact us online to learn what legal options you have available.

Understanding New Jersey's Domestic Violence Laws

The primary law governing domestic violence in the state of New Jersey is the Prevention of Domestic Violence Act (PDVA), which was enacted in 1991. This law allows victims of domestic violence to seek legal protection through restraining orders, criminal charges, and other remedies designed to prevent further harm.

The PDVA seeks to safeguard individuals from abusive behavior, which can range from physical harm to emotional and psychological abuse. However, the law is also broad in its application, which means that unfounded or exaggerated claims of physical abuse can lead to immediate and severe consequences for the accused. This is why it's critical to secure the services of a skilled defense attorney as soon as you learn about accusations of physical abuse or other domestic violence.

What Constitutes Physical Abuse in a Domestic Violence Case?

Physical abuse is one of the most common types of domestic violence accusations both in New Jersey and the nation in general. The law considers physical abuse to include any form of intentional bodily injury. The law can also apply to threats of physical injury, even if there is no actual physical contact. Specific acts that fall under physical abuse include but are not limited to:

• Hitting or punching
• Pushing or shoving
• Slapping or kicking
• Choking or strangling
• Throwing objects at the victim
• Grabbing or otherwise restraining
• Using a weapon to cause harm or threaten harm
• Pinching, slapping, or other unwanted physical contact

Even a single instance of physical contact can be considered domestic violence if it fits within the statutory definitions of assault or other related offenses under New Jersey law. Similarly, if physical abuse is inflicted upon a minor, it could easily be considered to fall under child abuse laws, which generally carry escalated penalties.

If you have been accused of physical abuse in the state of New Jersey, the Lento Law Firm Criminal Defense Team can help. In order to best protect your rights and your reputation, it's essential that you start your defense as soon as you become aware of the allegations.

The Consequences of Domestic Violence Accusations

When someone is accused of domestic violence involving physical abuse in New Jersey, the legal system moves quickly to protect the alleged victim. This often results in immediate consequences for the accused, including:

1. Temporary Restraining Orders (TROs): A TRO is typically issued shortly after a domestic violence complaint is made, and one can be attained based solely on the statement of the alleged victim. The accused will not be given a chance to defend themselves until a court hearing takes place, which will be sometime within 10 days of the issuance of the order. A TRO can order someone to stay away from the alleged victim and their children, their home, and their places of employment. It can also prohibit any form of communication between the alleged victim and the accused. A TRO can also require the accused to surrender any firearms, attend counseling, and provide financial reimbursement to the alleged victim.
2. Permanent Restraining Orders: At the hearing for a TRO, the court will have the option of issuing a Final Restraining Order (FRO) as a possible outcome. An FRO can result in long-term restrictions on freedom, including limitations on where one can live and work and even how they can interact with their children. Unlike many other states, New Jersey's FROs are permanent and do not expire unless vacated by a court, usually in response to a request from one of the parties involved.
3. Removal from the Home: If the accused and the alleged victim share a residence, the court may order the accused to vacate the home. This can happen even if the accused is the primary or sole owner of the property, resulting in the potential for immediate housing and financial instability.
4. Criminal Charges: Domestic violence accusations of physical abuse often lead to criminal charges, such as assault or aggravated assault, depending on the severity of the incident. Conviction on such charges can result in fines, jail time, and a permanent criminal record.
5. Impact on Child Custody: Domestic violence accusations can severely impact family court proceedings, particularly child custody disputes. Courts prioritize the safety and well-being of children in these cases, and allegations of physical abuse—even if this abuse is not perpetrated upon the child—can lead to restricted visitation schedules or the loss of custody rights.
6. Damage to Reputation and Career: Domestic violence allegations can do irreparable damage to a person's personal and professional reputation. If you are accused of physical abuse or other acts of domestic violence, your career, your relationships, and your standing in the community are jeopardized—even if the allegations are eventually proven false or dismissed. This is why it is essential to do everything in your power to fight such accusations as swiftly as possible.

Defending Against Accusations of Physical Abuse and Domestic Violence

Given the severity of the consequences, defending against domestic violence accusations requires a well-planned and strategic legal approach. The key is to work with an experienced attorney who understands the nuances of New Jersey domestic violence law and can build a robust defense on your behalf. This is exactly what the Criminal Defense Team at Lento Law Firm will do.

The Lento Law Firm will conduct its own investigation into your situation, obtaining witness testimony and other evidence that will help to protect your good name. New Jersey is extremely tough on cases of domestic violence, but there are certain strategies that can help to form the basis of a good defense. Some of the most common include:

1. Proving False Allegations: Unfortunately, a significant number of domestic violence accusations have been proven to be fabricated. False allegations are usually made in order to serve ulterior motives like gaining an advantage in a divorce or custody case. An attorney can use witness statements, records of text messages or other forms of communication, and other evidence to show when claims are not credible.
2. Self-Defense or the Defense of Others: Protecting yourself or someone else (such as a child) from imminent harm may be a valid defense against accusations of physical abuse. An experienced attorney can use evidence to argue that the actions were justified based on the threat posed at the time.
3. Lack of Evidence: In physical abuse cases, as in all criminal cases, the burden of proof is on the prosecution. They must establish that physical abuse occurred beyond a reasonable doubt. If their evidence is weak or if there are inconsistencies in the alleged victim's story, an experienced attorney can use it to cast doubt on the prosecution's case.
4. Accidental Harm: In order to qualify as physical abuse under NJ law, the incident must be determined to be intentional. Accidental injuries do not qualify as abuse. The elements of intent are:
• It was purposeful. The individual acted with purpose to bring about an anticipated result.
• It was done knowingly. The individual was aware of what they were doing.
• It was reckless. There was a clear disregard for the safety of others.
• It was negligent. Simply put, negligence is the failure to act in a reasonable manner in order to minimize the risk of injury.
• Consent: Although rare, in some cases the alleged victim may have consented to the physical contact, either directly or indirectly. If this consent can be proven, it may be a viable defense.

The Importance of Early Legal Intervention

If you've been accused of physical abuse in a domestic violence case, it's critical to seek legal help as soon as possible. Early intervention by an experienced attorney can significantly impact the outcome of your case. A skilled lawyer can:

• Challenge the Temporary Restraining Order: If you are the recipient of a TRO, you will often not know until the order is issued. You will be given a court date within 10 days of the start of the TRO. At this court date, your attorney can present evidence to demonstrate that the order is unnecessary or based on false claims.
• Prepare for the Final Restraining Order Hearing: The FRO hearing is a critical juncture in domestic violence cases. Your attorney will prepare a defense, challenge the credibility of the evidence, and cross-examine the alleged victim to prevent a permanent restraining order from being issued. Remember that in New Jersey, an FRO is permanent and will continue forever unless changed by the court. It has the potential to permanently change your life.
• Defend Against Criminal Charges: If you are facing criminal charges, your attorney will work to have them reduced or dismissed. They'll explore possible plea bargains or alternative sentencing options. These could include anger management classes or other counseling, probation, and other options other than jail time.
• Protect Your Parental Rights: Domestic violence charges can impact many of your other rights, particularly your rights as a parent. Your attorney will help to protect these rights by gathering character witnesses, documents, and other evidence that demonstrates your ability to provide a safe and loving environment for your children.

Facing Domestic Violence Charges in New Jersey? The Lento Law Firm Criminal Defense Team Can Help.

Domestic violence cases can be emotionally charged, complex, and difficult to navigate. The state of New Jersey also takes these cases extremely seriously and works hard to make sure that perpetrators of physical assault and other domestic violence charges face swift justice and stiff penalties.

The Lento Law Firm Criminal Defense Team has the years of experience you need to mount a capable defense against these charges. We understand the high stakes involved, and we approach every case with the goal of protecting our clients' legal rights and preserving their reputations.

Here's what you can expect when you work with the Lento Law Firm:

• Personalized Attention: We understand that every case is unique. We will take the time to understand the specific circumstances of your situation and provide personalized attention and guidance throughout the legal process.
• Aggressive Defense: We are committed to protecting our clients and we will work relentlessly to challenge any evidence or claims made against you. In court, we will advocate strongly on your behalf while presenting a thorough and compelling defense.
• Comprehensive Support: From defending you in restraining order hearings to representing you in criminal court, the Lento Law Firm Criminal Defense Team provides comprehensive legal support in all aspects of your domestic violence case. Our goal is to secure the best possible outcome and help you move forward with your life.

With the severe penalties possible in domestic violence cases in New Jersey, it's imperative to find the right defense team for your case. It could make all the difference in maintaining your reputation, your freedom, and even the custody of your children.

The Lento Law Firm Criminal Defense Team can help you navigate all of your legal options in a domestic violence case, even one involving possible charges of child endangerment. Call us now at 888.535.3686 or contact us online to find out how we can help.