Being charged with a criminal offense is often an intimidating experience. If the alleged offense involved family members or romantic partners, your might be charged with domestic abuse.
Domestic abuse is not a singular criminal charge but is a category of offenses. An offense might become an act of domestic abuse if the alleged victim is a spouse, partner, or household member. Many kinds of charges might be deemed domestic abuse or violence. In many cases, defendants face protective or restraining orders that prevent them from seeing their family while the case plays out. Sentencing may be harsher for defendants facing domestic abuse charges, and mandatory minimums might be increased. You should review your case with an attorney to determine the best defense tactics for your situation.
Domestic abuse often comes with a severe social stigma. Even people acquitted of the charges see their personal reputations damaged. Our Winslow, NJ domestic abuse defense lawyers can help you fight the charges and protect your good name. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.
Understanding Charges for Domestic Abuse in Winslow, NJ
Domestic abuse is not a single offense that can be charged by prosecutors. Instead, domestic abuse is more like a category of offenses involving violence committed against a specific group of people. According to N.J.S.A. § 2C:25-19(a), domestic violence refers to certain violent acts inflicted on a person protected by the Prevention of Domestic Violence Act. Offenses that may be considered domestic abuse or violence include the following:
- Homicide and murder
- Robbery
- Burglary
- Assault
- Kidnapping, criminal restraint, false imprisonment
- Sexual crimes
- Harassment, stalking, terroristic threatening
- Criminal mischief, trespass, or coercion
Additionally, if you were previously charged with domestic abuse or violence and violated a protective order, you will be charged with contempt, and those charges will be considered domestic abuse charges. You may also be charged with domestic abuse for committing any other crime that poses a risk of death or serious bodily harm. Our Winslow, NJ domestic abuse defense lawyers can help you fight your charges and clear your name.
It is not enough to commit one of the acts mentioned above. The act must be committed against a specific category of people for it to be labeled domestic abuse. A victim of domestic abuse includes anyone at least 18 years old or an emancipated minor. The alleged victim must have been the subject of abuse from a spouse, former spouse, household member, or someone they share children with.
Restraining and Protective Orders in Domestic Abuse Cases in Winslow, NJ
When domestic abuse complaints are filed, alleged victims can also request temporary protective orders. Temporary protective orders, also called temporary restraining orders, may be issued ex parte, meaning a judge can grant the order without your presence or input. However, this is usually only done in emergency cases. Most cases require a hearing involving the alleged victim and the defendant where both parties can be heard.
If the order is granted, you not only have to stay away from the alleged victim, but you must also stay away from their home, workplace, and possibly other people in their lives. Defendants who share children with the alleged victim often cannot see their kids without violating the order. On top of that, you must vacate your home if you live with the alleged victim. In some cases, defendants must leave their homes even if they own them. Defendants must also surrender firearms to law enforcement while the order is enforced.
If a defendant is convicted of domestic abuse charges, the court might make the temporary protective order a final order, meaning it becomes permanent. In such a case, you might never be able to see your partner or children, at least not without some court-mandated supervision. Our Winslow, NJ domestic abuse defense attorneys can help you fight the imposition of a protective order.
Sentencing for Defendants Convicted of Domestic Abuse Offenses in Winslow, NJ
Under N.J.S.A. § 2C:43-6.8(b), people convicted of domestic abuse offenses may face harsher sentencing guidelines. While the law does not necessarily increase the maximum penalty, it does increase the minimum penalty. Higher mandatory minimum sentences are often imposed in domestic abuse cases, and defendants might spend much more time in prison.
In addition, the judge may consider domestic abuse or violence an aggravating factor when deciding on the final sentence. Even if your charges are not upgraded, or there is not a higher mandatory minimum sentence, the issue of domestic violence might still weigh heavily on the judge’s sentencing decision. Our Winslow, NJ domestic abuse defense attorneys can help you argue against the imposition of a higher sentence and highlight the mitigating factors of your case.
Fighting Criminal Charges for Domestic Abuse in Winslow, NJ
Domestic abuse cases are often very complicated and emotionally charged. Courts and prosecutors take a special interest in protecting alleged victims while the defendant’s rights are given less consideration. The best way to defend yourself against domestic abuse charges depends on your unique situation. Our Winslow, NJ domestic abuse defense attorneys can help you go over your case and determine the most effective way to fight your charges.
Many cases of domestic abuse stem from petty fights between spouses or partners. For example, an ex-partner might try to get back at you for something by filing a domestic abuse complaint. These fabricated complaints are often full of embellishments and outright lies. Since the police take reports of domestic abuse very seriously, the burden often falls on the defendant to prove that the alleged victim is no victim at all. If you believe the other party lied to the police, talk to our team about how to prove your innocence. In many cases, defendants have strong alibis or witnesses who can testify about their whereabouts when the abuse supposedly occurred.
If the victim is not someone protected by the Domestic Violence Prevention Act, you should not be charged with domestic abuse. This label only applied to cases involving specific types of victims. If the alleged victim is not a current or former spouse, partner, or household member, we can argue that your domestic abuse charges are unfounded and should be changed or dropped.
Speak to Our Winslow, NJ Domestic Abuse Defense Lawyers
Domestic abuse cases are incredibly hard for defendants as courts and prosecutors tend to prioritize the alleged victim’s comfort and safety over the defendant’s rights. Our Winslow, NJ domestic abuse defense attorneys can help you protect your rights and assert the most effective defense possible. For a free case review, call the Lombardo Law Group, LLC at (609) 445-4300.
