Princeton Battery Defense Lawyers
Domestic Battery
Domestic battery involves offensive, harmful, or potentially harmful physical contact among family members. Essentially, in a broad sense, if you touch a spouse, child, someone else living in your home, or a blood relative or in-law without that person's permission, you could be charged with battery in New Jersey.
Obviously, this umbrella definition is quite broad. Chances are you will not get arrested for securing a feisty one-year old in his diaper changing station to change his diaper. But the law takes any and all instances of domestic battery very seriously. Even if you barely touch your wife, child, or in-law, depending on the circumstances, you could be convicted of misdemeanor domestic battery and head to jail for as long as six months. Depending on the facts of the incident, you could face additional charges, such as aggravated domestic battery or sexual assault that could result in a felony conviction. This might mean more time in jail, loss of child custody and visitation rights, loss of your professional license, strict probation terms, major fines, and incalculable damage to your relationships with your family and business peers.
Once the Police Have Been Called
Say you and your spouse get into a serious spat over finances. In the heat of the moment, she dials 911 to report that you threatened and pushed her. Things ultimately cool down at your home, and both of you apologize to one another and essentially sort everything out. When the police arrive, they will want to know what happened. Very possibly, you might be arrested for simple assault, even if your wife recants her accusation and begs the officer not to arrest you. Police officers are not counselors or mediators. Furthermore, after you've been arrested, the decision to charge you will be in the hands of a prosecutor – not in the hands of your wife. The reason why the accuser essentially loses the right to recant is that the law presumes that battered spouses will be under tremendous pressure to recant allegations. To protect their rights and well-being, the law basically takes the decision to charge out of their hands.
Of course, this explanation is an over simplification. NJ domestic violence law is complicated. If you stand accused of hitting your significant other, neglecting your children, or engaging in sexual assault or a sexual crime, the consequences could be quite profound, even if this is your first offense and you have no criminal history.
An experienced Princeton, New Jersey domestic violence attorney will assess the domestic battery charges against you and create and execute a principled legal defense.
To learn more about Lependorf & Silverstein, two of New Jersey's most respected and experienced domestic battery lawyers, contact us online or phone 609-240-0040 now to schedule a free and confidential consultation.