Domestic violence charges in Jersey City can result in restraining orders and imprisonment, possibly giving you a criminal record. Also, the accusers can file a lawsuit against you in civil court to seek compensation for damages. So, if you have been charged with domestic violence, hire a skilled domestic violence lawyer near me as soon as possible to understand your options and protect your rights.
Understanding What Constitutes Domestic Violence
Often, domestic violence is deemed as physical abuse that a person commits against another whom they have a relationship with like a spouse or somebody they are expecting a child with. Domestic violence charges can arise out of criminal offenses such as homicide, kidnapping, assault, criminal restraint, terroristic threats, false imprisonment, lewdness, sexual assault, burglary, harassment, and more. The relationship between the parties involved is a distinguishing fact in domestic violence cases that differentiates them from other kinds of criminal cases. Under state law, the relationship should fall into categories like married, divorced, separated, the parties have dated, are expecting a child, or have a child together, and presently or previously living together.
In domestic violence proceedings, gender isn’t a factor. The defendant should be 18 years old or older or an emancipated minor. An emancipated minor isn’t married, has a child or is expecting a child, or has entered the military. A minor can also be emancipated when declared by an administrative agency or court.
Domestic Violence Charges and Penalties
A domestic violence charge can be a misdemeanor or felony, depending on some factors. Courts will look into previous offenses and the particular conduct involved when deciding the seriousness of the possible punishment. A domestic violence charge can be a disorderly person’s offense when it includes harassment or simple assault. This charge will be heard in the local municipal court. A possible conviction can result in up to 6 months in jail. Probation or anger management classes are among the penalties for these charges.
Meanwhile, felony domestic violence charges can be filed when they involve possessing a weapon for illegal purposes, aggravated assault, or sexual assault. Such charges can carry serious penalties depending on the charge’s degree. A first-degree felony can carry an imprisonment of up to 20 years in state prison.
In addition, a domestic violence charge can prohibit you from buying firearms. A misdemeanor domestic violence conviction where physical force has been used or tried to be used can result in the issuance of a final restraining order against you. Also, your alleged victim can sue you for lost income, suffering, medical bills, and punitive damages.
What are Restraining Orders?
Courts do not automatically issue restraining orders on domestic violence charges. Rather, they will issue non-contact orders that prevent defendants from communicating with their victims in all forms such as texts, emails, or messaging through a third party.
When the victim gets a restraining order against you, this can prevent you from visiting the house or workplace of the victim. The initial order may be temporary until a court hearing is conducted. During this hearing, a judge will review the particulars of your case and determine if a final restraining order must be issued.
If the court issues a final order, you can be documented as a domestic violence offender, which can impact professional opportunities like employment. While restraining orders don’t directly punish you with a criminal record, you can be charged with criminal contempt when you violate them. Criminal contempt is another violation that can serve as grounds for you to automatically face a jail sentence.
A domestic violence charge can carry serious penalties that lead to the issuance of a restraining order or prison time that affects your everyday life and opportunities. Judges will consider a lot of factors when deciding the outcomes of a domestic violence charge. Thus, you need to have a skilled attorney on your side to help reduce or eliminate the charges against you.
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