New Jersey Domestic Violence Lawyer
Experienced North Jersey Defense Lawyer Committed to Protecting Clients’ Rights in Cases Involving Domestic Violence in Essex County, Union County, Morris County, Middlesex County, Bergen County and Somerset County, NJ
Domestic violence cases are almost always complicated by a variety of emotions that may not play a role in other types of criminal cases. In many domestic violence cases, the facts may become blurred and sometimes people make allegations based on anger or spite. Regardless, the potential criminal consequences of a domestic violence claim are just as serious as any other type of criminal matter. Because the alleged perpetrator and victim share—or have shared—some type of emotional bond, a primary step in most domestic violence cases is to issue a temporary restraining order to restrict contact between the parties. However, in cases alleging specific violent acts, rather than mere threats, the consequences won’t end there—you may be facing significant jail time, monetary fines and a permanent criminal record if convicted of a domestic violence crime in North Jersey.
At Zegas Law, we understand the delicate and emotional nature that can surround crimes involving domestic violence. We are skilled in conducting the thorough investigation necessary to uncover all evidence relating to the allegation against you. In many domestic violence cases, the police will be legally required to make an arrest if the alleged victim displays any signs of injury or that physical abuse has taken place. This transforms a domestic dispute into a criminal situation where you need an experienced advocate on your side. If you have been accused of committing a crime involving domestic violence in North Jersey, don’t believe that you can go it alone. Call or contact our experienced lawyers for a confidential consultation today.
Understanding North Jersey’s Domestic Violence Law
Domestic violence is taken seriously in New Jersey and elsewhere, and the legislature has enacted specific laws that apply in cases of domestic violence. Under the New Jersey Domestic Violence Act, allegations of domestic violence can be brought against:
- A former or current spouse,
- A former or current member of the same household,
- A former or current romantic partner,
- The parent of one’s child or unborn child.
Even if the alleged victim shows no signs of physical injury, under New Jersey law, law enforcement is required to make an arrest if called to the scene of a potential dispute involving domestic violence if:
- A weapon was somehow involved,
- An internal injury may be possible,
- Law enforcement believes that the specific factors involved give rise to probable cause for arrest and the alleged victim claims that he or she has suffered injury,
- The defendant has violated a restraining order.
In addition to the actual domestic violence charge, you can face additional criminal charges for assault, sexual assault, burglary, criminal trespass, stalking, harassment, terroristic threats, lewdness or even homicide.
Seasoned Defense Lawyers Provide Compassionate Guidance for Clients Accused of Crimes Involving Domestic Violence in NJ
At Zegas Law, we understand that you may be facing domestic violence charges based upon only a snapshot situation that is part of a larger conflict that simply escalated to a boiling point. Our attorneys will support you every step of the way, including via conducting our own independent investigation into what happened to present the strongest possible defense in your case. We will:
- Interview you in order to fully understand your side of the story,
- Analyze any 911 call to determine whether that call reveals any evidence in your support,
- Subpoena and review any medical records that might indicate a history of injuries of any kind,
- Evaluate whether we may present a strong defense based upon self-defense or mistake of fact,
- Determine whether anyone witnessed the alleged violence and interview those witnesses,
- Determine whether any extraneous factors, such as alcohol, drugs or a history of mental problems may have come into play,
- Examine the police behavior and respect of your constitutional rights, including Miranda violations or illegal search and seizure.
A strong defense can be key to getting you released from custody as quickly as possible and minimizing any resulting adverse consequences, such as a restrictive restraining order or even prison.
Schedule a Free Consultation with the Experienced Domestic Violence Lawyers at Zegas Law Today
Many clients who are accused of domestic violence initially make the mistake of believing that they can work things out with their spouse or partner on their own. Once the New Jersey criminal justice system is involved, however, you no longer have that option. You need a skilled criminal defense lawyer to craft a defense strategy that can minimize the damage to your future at the criminal level before you can begin to repair any domestic relationship if you choose. For a confidential consultation to discuss options in your case, call or contact our offices as soon as possible after your arrest.
Frequently Asked Questions About Domestic Violence Charges
FAQ: What should I do if I have been arrested for domestic violence in New Jersey?
Because these situations can be so emotionally charged, it is important to remain as calm as possible and refrain from making any statements—inflammatory or otherwise—that might jeopardize your case. This includes refraining from making any statements to the police or to the alleged victim until you have retained a defense attorney with experience handling domestic violence cases at the criminal level.
FAQ: What if I was arrested on domestic violence charges but my spouse later recants, or takes back, the allegations?
In domestic violence cases, much more comes into play than your spouse’s simple allegations of violence. Sometimes, that recanting might be sufficient to avoid prosecution for an underlying crime. In other cases, however, law enforcement and the prosecution may conclude that the alleged victim’s emotions came into play in recanting the allegations and continue with the prosecution. This outcome is based on the recognition that many victims of domestic violence may simply accept violence as a part of their lives. So, in short, your spouse’s recanting the allegations won’t necessarily make the prosecution go away but may weaken the case without additional evidence that the violence did occur.