College students who face allegations of intimate partner violence (also known as IPV) in New Jersey can find themselves not only defending themselves in court against criminal charges but also facing disciplinary proceedings on campus. Both prosecutors and schools are increasingly focused on cases where students are accused of committing violent or harassing acts against victims they are (or were) in a relationship with. The tendency in both types of cases is to favor the victim, which can make defending against the allegations even more of a challenge. Whether it's called intimate partner violence or dating violence, the outcome for an accused college student can be both a criminal record and expulsion from school.
The Lento Law Firm's Criminal Defense Team understands that when you're a college student accused of committing any crime, you face two potential penalties. When we defend you against the criminal charges you're facing, we will also be working to defend you against any disciplinary proceedings you may face at school because of the criminal allegations made against you. Call us today at 888.535.3686 or use our contact form to schedule a confidential consultation with one of our experienced attorneys to discuss your situation and learn more about how you can help.
Who is an “Intimate Partner” According to New Jersey Law?
New Jersey's laws don't use the term “intimate partner violence” or “dating violence” when they describe the kinds of actions that can result in criminal charges against a defendant accused of harming or harassing a current or former partner. Instead, New Jersey uses the term “domestic violence.” A defendant can be convicted of domestic violence in New Jersey if (a) they commit certain types of crimes and (b) they have a particular type of relationship with the victim, one that is defined by the New Jersey domestic violence law.
According to New Jersey law, the definition of “victim of domestic violence” can mean several different things depending on the relationship between the victim and the perpetrator. The definition that is likely to be relevant to most college student relationships is “any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.” In other words, the victim can be anybody who is or was dating the person accused of committing the violent act.
The definition of “victim of domestic violence” goes beyond current or former dating partners. It also includes a spouse, a former spouse, a current or former member of the accused defendant's household, or anyone who the defendant has a child “in common” with or anticipates having a child “in common” with because the victim is pregnant. While any of these definitions can apply in the context of a college student defendant, the “dating relationship” definition is the one that will cover the majority of cases where a student is accused of committing domestic violence against another student.
What Acts Does the Crime of Domestic Violence Apply to in New Jersey?
A number of different crimes can also result in a domestic violence charge in New Jersey. They include acts of physical violence, such as assault; sex crimes, such as sexual assault, criminal sexual contact, and lewdness; property crimes, such as burglary and robbery; and crimes of intimidation, such as harassment, stalking, cyber-harassment, and making terroristic threats. Note that depending on the underlying charge, the defendant doesn't necessarily have to commit an act of physical violence against the victim to be charged with domestic violence in New Jersey. For example, a domestic violence charge could be based on accusations that the defendant stole something from their ex's dorm room or that they repeatedly sent them text messages after their ex asked them to stop.
It's also worth understanding that domestic violence in New Jersey is not a separate, standalone crime. It is an added element to one of the underlying offenses described above that can result in the defendant facing additional penalties if they are convicted.
The key thing that distinguishes the crime of domestic violence from the underlying crime that the defendant is accused of committing is the relationship between the defendant and the victim. A defendant accused of assaulting a stranger outside of a bar is not going to face domestic violence charges in New Jersey. A defendant accused of assaulting a former dating partner, on the other hand, can expect to be charged with domestic violence based on that assault and the past relationship between the defendant and the victim.
Criminal Consequences of a Domestic Violence Conviction
A defendant who is convicted of a domestic violence charge in New Jersey is facing both the penalty that applies to the underlying crime that they are convicted of and additional consequences that apply because the offense was committed against a victim that the defendant had a certain relationship with, one that meets one of the definitions of the legal term “victim of domestic violence.”
These additional consequences can include losing the right to own a firearm, an order that the defendant attend counseling sessions, and a restraining order that will prohibit the defendant from contacting the victim and the victim's relatives and from entering or approaching the victim's home if the victim asks the court to issue such an order. Another potential consequence that may particularly apply to college students is that a conviction on a domestic violence charge could stand in the way of the student ever being able to hold a professional license, such as a medical or law license or a teaching certificate.
On-Campus Consequences of a Domestic Violence Charge
A college student who is charged with domestic violence in New Jersey against someone they currently or formerly were in a relationship with can face serious consequences at school, even if their criminal case does not result in a conviction. School disciplinary cases are not criminal cases, and schools don't provide students accused of misconduct with the same rights that the criminal justice system provides to defendants accused of crimes.
In addition, the level of proof that is required for a school to find a student responsible for misconduct is typically much lower than the proof required for a court to find the student guilty of a crime. A defendant in a criminal case must be convicted “beyond a reasonable doubt.” A student in a school disciplinary proceeding can be found to have committed misconduct if the hearing officer or panel believes that it was “more likely than not” that the student committed the misconduct. This “more likely than not” standard is much lower than the “beyond a reasonable doubt” standard.
This means that even in cases where prosecutors drop domestic violence charges against a student defendant or the student is found not guilty at trial, the student's school can still decide to move forward with misconduct proceedings based on the exact same set of facts. Or, if the victim files intimate partner violence or dating violence misconduct complaint against the student with the school, the school can move forward with the disciplinary proceeding based on the allegations in that misconduct complaint, even if they differ from the ones that were in the criminal complaint against the accused student.
This may sound confusing and somewhat unfair – but unfortunately, it's what you can expect to happen. If you've been accused of intimate partner violence that resulted in domestic violence criminal charges being brought against you, your school can still discipline you even if those criminal charges are dropped, or you're acquitted at trial.
Defending Against Both Criminal and School Disciplinary Charges
What this all means is that if you are a college student who is accused of domestic violence in New Jersey against a current or former dating partner, you have to pay very close attention to how you defend yourself. Things that you admit or agree to in your criminal case can be used by your school to find you responsible for misconduct under the school's code of conduct. Similarly, if you make admissions about your actions in your misconduct case at school, those admissions can be used against you in your criminal case.
The Lento Law Firm's Criminal Defense Team includes attorneys who have experience defending students who find themselves in these difficult types of situations. We understand how important it is to pay close attention to both situations when defending against either one.
That said, there are some guidelines that are worth considering if you are a college student who has been accused of intimate partner violence or dating violence, particularly if your accuser is a fellow student.
First, if you are facing criminal charges as a result of those allegations, these will almost always be your greatest concern. A criminal record is generally much more damaging to your future than going through life with a disciplinary record from your school. Your attorney will work extremely hard to defend you against the criminal charges you're facing and to arrive at an outcome that has as little impact on your future as possible.
Second, the fact that you may also face a school disciplinary proceeding can impact how you approach your criminal defense. This means that even if you are offered what appears to be a favorable plea deal, your attorney may attempt to negotiate the terms of the plea to avoid you having to make certain admissions that could be used against you by your school in a disciplinary proceeding.
Third, the same goes for your school disciplinary proceeding. If the school's case moves forward more quickly than your criminal case, you will need to be careful about making any admissions in the school disciplinary matter that could be used against you in your criminal case.
It's definitely a delicate balancing act. But if you're a student who is accused of any kind of intimate partner violence or dating violence, it's a balancing act you will very likely have to face.
The Lento Law Firm Can Help You Defend Against Intimate Partner Violence Charges
If you are a student who has been accused by a current or former dating partner of any form of domestic violence in New Jersey, you obviously need a strong defense. What may not be so obvious at first glance, however, is that you need a special kind of defense – one that takes into account the fact that you can face both criminal charges and school misconduct proceedings. The Lento Law Firm's Criminal Defense Team includes attorneys who have that relatively rare combined experience.
We will vigorously defend you against your criminal charges, protecting your rights at each stage of the criminal process. We will also keep in mind at every stage of your criminal case that you may also be facing disciplinary proceedings at your school and that decisions we make in your criminal case can have consequences for your school misconduct case.
The Lento Law Firm regularly defends clients all across New Jersey from criminal charges brought in both state and federal courts. And many of our attorneys also regularly defend students accused of misconduct by their schools. When you bring your case to us, we will fight to protect your rights in both situations and to defend you from the allegations you face in both proceedings.
We know that your future is important to you. Facing criminal charges as a student could radically change it, which is why it's important to make sure you do everything you can to resolve both your criminal case and any school misconduct case in as favorable a way as possible. Call the Lento Law Firm's Criminal Defense Team today at 888.535.3686 or fill out our contact form to schedule a confidential consultation with one of our experienced defense attorneys. Tell us about your case, and let us tell you how we can help.
