A candidate for Matawan, NJ town council was recently arrested on domestic violence charges, which resulted in his removal from the ticket prior to the election and prior to any trial or plea by the accused. Domestic violence is a serious issue with devastating consequences for families and communities. But it is also critical that the civil rights of the accused be protected and that each case be carefully examined to ensure a just outcome.

The reality is that domestic battery charges are very common, particularly in light of the legal requirement of arrest during domestic arguments. These charges can be easily made but come with devastating consequences.

Domestic Violence Charges

Under New Jersey law, domestic violence is not a separate crime but a type of “upgrade” to charges including assault, false imprisonment, and harassment. To constitute domestic violence, the parties must be spouses, former spouses, household members, parents of a child, or in a dating relationship and be at least 18 years of age. The situation may have started as an argument or a disagreement where one spouse strikes or threatens to strike the other.

Mandatory Arrest

If a 911 call is made and the officer has reason to believe that a no-contact order was violated or an injury may be present, the officer is legally required to arrest the person being accused of domestic violence. The charges may have no merit whatsoever and may go nowhere, but the arrest still occurs.

Consequences of Domestic Violence Charges

The consequences of domestic violence charges can be devastating. The criminal penalties for domestic violence can vary from misdemeanor to felony and involve significant jail time. A conviction for domestic violence could result in the loss of custody of children, or it could bar you from contact with your children or your presence in your home. A domestic violence conviction may also end your marriage or relationship. If you hold a professional license, a domestic violence conviction could result in the loss of your license or vocation. Your employer may even decide to terminate you. If you are self-employed, the damage done to your reputation may destroy your business. A domestic violence conviction can have serious mental, physical, and emotional effects. For most people, there is simply no choice but to fight the charges of domestic violence with every resource available. In order to avoid the worst consequences of domestic violence charges, it is essential to have a first-rate defense.

Defenses to a Domestic Violence Charge

Defenses to Domestic Violence Charge may include:

• Fabricated allegations (your accuser is lying).
• Self-Defense.
• Defense of Others.
• Defense of Property.
• Accident.
• Violation of Constitutional rights, including suppression/exclusion of evidence.

Lento Law Firm Can Help

The Lento Law Firm Criminal Defense Team understands the immense impact that allegations of domestic violence can have on individuals. We will work to build a tough and effective defense strategy in order to protect your rights and secure the best outcome possible. If you or a loved one is facing allegations of domestic violence, contact the Lento Law Firm at 888-535-3686, or submit your details online, and we will contact you.