NJ Domestic Violence Law Firm
Domestic Violence FAQs
New Jersey State and Federal law can impose severe punishments, including a long jail sentence, if you are convicted of a domestic violence related crime. This FAQ section aims to answer the most pressing, important questions on your mind as you ready your defense.
1. My girlfriend accused me of hitting her. But now she has changed her story and doesn't want to see me face charges. Can she ask the court to drop the charges?
No. The prosecutor is empowered to decide how to proceed. The reason is that victims of abuse may feel pressured by their abusers to recant. To mitigate a cycle of abuse and recanting, the law takes the decision out of your girlfriend's hands.
2. What happens when I first go to court?
Your first time in court is an arraignment. During this time, you will respond to the charges by pleading guilty, or not guilty.
3. Will I be charged with a misdemeanor or a felony?
The answer depends on a variety of factors, most imporantly the crime that was committed but also the intent of the crime, the seriousness of any injuries that occurred, your prior criminal history, applicable state and federal law, and dozens of other factors. Talk to a criminal defense attorney in Princeton about your particular case.
4. What constitutes "domestic violence" from a legal point of view?
Any violent activity used to abuse someone in your family or an intimate sexually, physically, economically, or psychologically can be considered domestic violence. Other illegal actions that fall under the classification include stalking, sexual assault, kidnapping and false imprisonment.
5. If I didn't hurt anyone – or if I caused just minor damage – can I still be convicted?
Yes. Even the threat of violence against a family member can constitute a crime. That said, the severity of any damage will likely influence the charges that prosecutors will seek against you.
6. What punishments might I expect?
Punishments may include domestic violence counseling, restitution, jail time, fines, loss of custody, and untold indirect problems, such as a loss of standing in your business community and breakdown of family relationships.
7. Can a victim of domestic violence petition me to stay away from him/her or from other family members/children?
Yes. Different court instructions, such as an ex parte order or order of protection, can prohibit you from visiting or even contacting victims -- even your own children.
8. How can I protect my rights and minimize my punishments?
Domestic violence law is quite complicated, and even cases that on the surface seem minor can evolve into involved legal affairs. Look to the highly qualified, compassionate, and well reputed Princeton, NJ domestic violence attorneys at Lependorf & Silverstein, for good insights and a strong strategic vision for your defense. Call 609-240-0040 now, or contact us online.