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 You Need to Know if You Have Been Accused of Domestic Violence
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.
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)
- Kidnapping or false imprisonment
- Terroristic threats
What are the Consequences of Being Charged with Domestic Violence?
If you are convicted of any of these crimes under the PDVA, you will face the same penalties that apply in other cases. For example, if you are convicted of stalking, you could face penalties as high as three to five years in prison and a $15,000 fine. However, when you are charged with domestic violence in Essex County, you can face additional penalties as well. If the victim applies for a domestic violence restraining order, a court can issue a restraining order long before your criminal case goes to trial.
How Can an Essex County Domestic Violence Attorney Help Me?
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.