Domestic violence is a catch-all legal term referring to physical abuse or threats between two individuals who share some form of relationship. The individuals may be in a social or familial relationship. To stop domestic violence in New Jersey, the state legislature passed laws to punish anyone convicted of the crime. According to the New Jersey Domestic Violence Law, a court gets involved with domestic violence incidents by:

  • Issuing a temporary restraining order
  • Conducting a first appearance hearing and setting bail for someone charged with domestic violence or restraining order violations
  • Disposition of the domestic violence offense

A temporary restraining order forbids you to contact, or be around, the person accusing you of domestic violence. If you are living with the person, it automatically removes you from the home. Your belongings can remain at the home, but you are not allowed to. In addition you will forfeit all firearms you possess. Initially, the restraining order is issued for a short time, but it can be extended at a later hearing. Unfortunately, the initial restraining order is issued without hearing your side of the facts. Your side of the story will be heard in a subsequent hearing before a judge. It is important that you have a domestic violence attorney with you at that subsequent hearing.

Meeting Relationship Standards

A domestic violence charge happens between two people who are in a relationship. The victim must be at least 18 years old and subjected to physical abuse or threat of abuse by a:

  • Spouse
  • Present household member
  • Former household member
  • Former spouse
  • Individual who the victim has had a child with
  • Individual who the victim has a dating relationship with

The state considers many factors when looking at whether your involvement with the person consists of a relationship. Factors include:

  • Personal items stored at the residence
  • Overnight stays at each other’s place
  • Shared property arrangements
  • Knowing each other’s families such as siblings and parents

Whether you are living together, married or dating, you can be charged with domestic violence. This charge is complicated because you may face proceedings in separate courts. For example, the person alleging domestic violence can seek a restraining order from a judge in family court. A prosecutor can decide to bring criminal charges against you in criminal court. Fontanella, Benevento, Galluccio & Smith is dedicated to help you fight a domestic violence charge in all your court proceedings, in either family court or criminal court.

Domestic Violence in New Jersey

Although domestic violence is defined as threats or actual physical abuse, it can include many things such as:

  • Stalking
  • Harassment
  • Name calling
  • Sexual assault
  • Withholding money
  • Assault
  • Battery
  • Intimidation

Penalties for Domestic Violence in NJ

Penalties for a domestic violence charge vary tadalafil overnight delivery canada based on the facts of each case. Under New Jersey law, if you’re charged with domestic violence one of the following criminal offenses must occur:

  • Kidnapping
  • Assault
  • Burglary
  • Criminal mischief
  • Harassment
  • Stalking
  • Terroristic threats
  • Criminal trespass
  • Criminal restraint
  • False imprisonment
  • Homicide

Since the penalties for best generic levitra overnight domestic violence are based on the criminal act committed, you need the help of a domestic violence attorney. At Fontanella, Benevento, Galluccio & Smith, we will assist you in your defense and resolving your domestic violence case.