Discuss Your Domestic Violence Arrest with Essex County Attorney Scott Gorman for Free
If you have been accused of domestic violence in Essex County, you need to understand the severity of your present circumstances. If you don’t fight the allegations immediately, you could face a domestic violence restraining order, and this could prevent you from living in your home or spending time with your children. If you are convicted in court, you could face fines, jail time and other penalties and, depending on the seriousness of the allegations against you, you could be looking at a decade or more behind bars. Speak to Essex County domestic violence attorney Scott Gorman today to discuss the specifics of your case.
Our Essex County Domestic Violence Attorney Explains What Makes Domestic Violence Crimes Unique
“Domestic violence” is not a criminal offense like “arson” or “theft.” Rather, certain offenses are classified as domestic violence depending on the relationship between the accused and the victim. Some of the most common domestic violence offenses are simple assault, harassment, and terroristic threats, but over a dozen other charges can be considered domestic violence depending on the circumstances.
Frequently, domestic violence is alleged between people who are married, dating, who had been married, or who had been in a dating relationship in the past. Other times, domestic violence can be alleged against a person who is related to the alleged victim or is otherwise a member of the same household as the victim. According to the Prevention of Domestic Violence Act, victims of domestic violence can include any of the following:
- Anyone who is 18 years old or is an emancipated minor and has been victimized by a spouse, former spouse or family/household member
- Anyone who is expecting a child or has a child with the attacker
- Anyone — regardless of age — who is in or was in a sexual or romantic relationship with the attacker if the attacker is over 18 years old or is an emancipated minor
We understand that the nature of these crimes leads to false accusations and situations where emotions rise high. Don’t feel like you are alone in your fight. Let our Essex County domestic violence lawyers help.
What is Considered a Crime of Domestic Violence in New Jersey?
Under the PDVA, various crimes can be prosecuted as domestic violence when they involve an alleged victim who is either a household member (other than a non-emancipated minor), a boyfriend or girlfriend, the parent of a shared child, or someone with whom the defendant is expecting a child. These crimes include:
- Assault or sexual assault
- Burglary or robbery
- Contempt of a domestic violence restraining order
- Criminal coercion, mischief, restraint, sexual conduct or trespass
- Harassment (including cyber-harassment)
- Homicide
- Kidnapping or false imprisonment
- Lewdness
- Stalking
- Terroristic threats
What You Need to Know if You Have Been Accused of Domestic Violence in Essex County
This isn’t meant to scare you, but it is meant to make you aware of the risks you are facing. Under New Jersey’s Prevention of Domestic Violence Act (PDVA), all domestic violence allegations are taken very seriously. The ramifications of being accused – truthfully or falsely – can be almost immediate, and domestic violence crimes carry additional penalties beyond those imposed under “ordinary” circumstances.
1. Essex County Police, Prosecutors and Judges Take Domestic Violence Accusations Very Seriously
In Essex County, accusations of domestic violence are taken very seriously. From the moment the police show up at your door to the moment your criminal case is resolved, you will need to make smart decisions in order to protect yourself. While you are innocent until proven guilty, in domestic violence cases, the burden of overcoming the alleged victim’s allegations can be substantial.
2. You Can Face Immediate Consequences After Your Arrest
When you are accused of domestic violence in Essex County, you can face consequences before your criminal case goes to trial. The victim can obtain a temporary domestic violence restraining order that can become permanent within a matter of days, and, if children are involved, the New Jersey Department of Child Protection and Permanency (CPP) can step in as well.
3. You Can Face Substantial Fines and Long-Term Incarceration if You are Convicted
If you are convicted of a domestic violence crime in Essex County, you can face substantial fines and anywhere from months to years behind bars. The specific penalties you are facing will depend on the specific form of domestic violence with which you are charged. However, in New Jersey, all forms of domestic violence carry the potential for fines and jail time.
4. The Government has the Burden of Proof
As in all criminal cases, in cases involving allegations of domestic violence, the government has the burden of proof. In order to secure a conviction, the prosecution must prove your guilt beyond a reasonable doubt. Domestic violence cases often involve “he said, she said” scenarios, and it will be up to you (and your defense lawyer) to convince the judge or jury that the prosecution’s case is not sound.
5. Overcoming Allegations of Domestic Violence (Including False Allegations of Domestic Violence) Is Not Easy
Although the government has the burden of proof, overcoming allegations of domestic violence is not easy. Even in cases involving false allegations, defendants will often face numerous obstacles to avoiding a conviction at trial. This makes hiring an Essex County domestic violence attorney essential, as you need someone with experience on your side.
6. Hiring a Defense Lawyer Promptly is the Best Way to Protect Yourself
When facing domestic violence allegations, hiring a defense lawyer promptly is the best way to protect yourself. Since you can face consequences prior to trial, you cannot afford to wait to hire an attorney. If you wait, it could become more difficult to assert a successful defense, and it is very possible that damage will have already been done.
7. You Should Contact a Essex County Domestic Violence Attorney Right Away
In order to protect yourself against unwarranted and unjust consequences, you should contact a Bergen County domestic violence attorney right away. Attorney Scott Gorman is available to assist you, and it costs you nothing to find out what you need to do and what defenses you may have available.
There are many ways that an experienced criminal defense lawyer can help you if you are facing a domestic violence charge in Essex County. For example, your lawyer will be able to fight to protect you against the harsh consequences of a domestic violence restraining order, and your lawyer will be able to assert various defenses to try to favorably resolve your case without going to trial. To find out what defenses you have available, request a free consultation with domestic violence defense attorney Scott Gorman today
Request a Free Consultation with Essex County Domestic Violence Attorney Scott Gorman
If you are facing family violence or domestic violence charges in Essex County and would like to speak with defense attorney Scott Gorman about your case, please call 201-489-9199 or contact us online. We will schedule your free initial consultation as soon as possible.