Criminal New Jersey domestic violence charges can be daunting. There are emotional elements involved in domestic violence cases that do not accompany other criminal cases. Getting assistance with dealing with the legal process can help minimize the anxiety and other feelings you may face when dealing with a domestic violence case.
The Criminal Process and Your Domestic Violence Case
Once you have been charged with a domestic violence charge, the following can be expected:
- A temporary restraining order may be imposed depending on the severity of your case and whether the other party has reason to be fearful and seeks this protection;
- You will be given a hearing date for your case;
- You will work with your attorney to develop a strategy for handling your case;
- You may be able to negotiate with the prosecutor in your case to reduce or drop charges depending on how willing the prosecutor is to negotiate;
- If negotiations are not successful, then you will proceed with developing a case and eventually your case may go to trial.
- If your case goes to trial, then you will have the opportunity to present your defense to a judge or jury. The trier of fact will decide the outcome of your case, and if you are found guilty, the punishment to be imposed.
New Jersey Law and Domestic Violence
The New Jersey Legislature enacted the Prevention of Domestic Violence Act in response to a societal need to deal with the problem of domestic violence. In 1991, the New Jersey Legislature declared that domestic violence was a serious crime. The legislature concluded that thousands of persons in New Jersey were beaten, tortured and in some cases killed by spouses and cohabitants; a significant number of women were assaulted during pregnancy; victims of domestic violence come from a wide range of socio-economic backgrounds; a correlation between spousal abuse and child abuse exists and, children long-term effects from living in a domestic violence situation. This act provides special protection for victims of domestic violence and makes resources available to help minimize this problem.
Getting Legal Help
An attorney in New Jersey familiar with criminal law and procedure can assist you in preparing your case. Criminal charges can be difficult to face. An attorney will advocate on your behalf and is required to advise you of your rights. You will retain the right to make the decisions in your case, but an attorney will help you understand the law and defenses that may be available or good procedural tactics for handling a case like yours.
