Domestic Violence
What Qualifies as Domestic Violence in New Jersey?
What qualifies as domestic violence? There has to be a predicate act like a person texting you hundreds of times a day. There also must be a need for ongoing protection. For example, there is a YouTube video in which a man went on a date with a young lady, and she immediately began sending him hundreds of texts multiple times a day. That may constitute harassment. They would have to prove the elements of the offense, but the question is whether continued protection is needed.
Can Domestic Violence Charges in New Jersey Be Dropped?
Can domestic violence charges be dropped? Domestic violence cases involve two separate pathways. There’s the family division for the final restraining order, and then there are the actual criminal charges. If it’s harassment text messages, for instance, there may not be an underlying criminal case. However, if the incident involves aggravated assault, such as choking or a broken nose, it is likely that a parallel criminal case will be involved.
What Happens if the Victim in a New Jersey Domestic Violence Case Won't Testify?
What if the victim in a domestic violence case does not want to testify? in the family division that issued the restraining order, it will likely get dropped. However, the parallel criminal charge will likely move forward because domestic violence cases are 9.9 times out of 10 picked up by the state, and they prosecute them anyway.
What Are the Penalties for a Domestic Violence Conviction in New Jersey?
What are the penalties for a domestic violence conviction? If you’re convicted in the family division, you won’t be able to lawfully possess a firearm. Criminal-wise, it depends on the charge. Let’s say you were sending threatening text messages. You will receive a harassment charge in municipal court, with six months in jail and fines if convicted. But let’s say it’s choking and a broken nose. That’s a second-degree domestic violence charge. If convicted, you most likely are subject to the No Early Release Act, and you would have to serve 85% of your sentence. You’d be sentenced to 10 years and would have to serve eight and a half years.
Can You be Arrested for Domestic Violence in New Jersey if there are No Injuries?
Can you be arrested for domestic violence if there are no injuries? Absolutely. That’s another one of those arbitrary situations. If there’s a history of police showing up to the house for domestic violence, it doesn’t have to be a punch or anything like that. If they have to keep coming back, you could be arrested for harassment. If the cops tell you to leave and you refuse, you can be arrested. If drugs and alcohol are involved, you’ll probably be arrested. The police want all parties to be safe. If there’s no physical injury, they’ll note it in a report, but you still could be arrested, and that’s something that would be argued on the back end.
What if a New Jersey Domestic Violence Charge was Self Defense?
What if a domestic violence charge was self-defense? It’s self-defense to you, but nine times out of ten, the prosecutor will disagree. And that’s when your case goes to the trier of fact. A trier of fact is the judge or jury tasked with deciding what actually happened in a case by weighing the evidence and assessing the credibility of witnesses. If you do assert the affirmative defense of self-defense, the state has to disprove it.
What Is a New Jersey Restraining Order?
A restraining order in New Jersey is an order from the court to stay away from somebody and not contact them either directly or through a third party. They’re serious, so if you get a final restraining order and you’re just sitting at your desk and you pick up your phone and contact that person and you just say, “Hey,” that person can then call the cops. You’re going to be arrested and charged with contempt, which is a fourth-degree felony.
What's the Difference Between Misdemeanor & Felony Domestic Violence in New Jersey?
What is the difference between a misdemeanor and felony domestic violence charge? There really is no difference. It’s just the gravity of the offense, the injuries involved, and whether or not it’s prolonged. For instance, let’s say someone you know parks in front of your house every night. He’s not in violation, but he’s still parking in front of your house for no reason; he has no business to be in there. That can lead to a stalking charge. So now we’ve got another DV situation. So it’s the lawyer’s answer for everything. It depends. LOL.
What To Do if Falsely Accused of Domestic Violence
What do you do if falsely accused of DV? Attorney Ratliff needs corroboration like an alibi. He needs something other than your word to give it some oomph. Things like cell phone records can put you away from the scene. But again, you need corroboration for whatever defense you assert.
What Are Domestic Violence Defenses in New Jersey?
What are some Domestic Violence defenses in New Jersey? Necessity is the most common one. That means you had to do it because if you didn’t, you could have been harmed. The classic scenario is that you are arguing with a spouse or partner, it gets heated, they take a swing at you, and you push them back, which could be considered self-defense. You had to do it so you would not be injured, but it has to be reasonable.