Reports of domestic violence typically increase during the holiday season. There are several reasons why. For example, as one advocacy organization explains:
“The holidays can . . . be emotionally taxing. The expectation to maintain a cheerful demeanor, coupled with the stress of family interactions, can lead to heightened emotions. For those already in volatile relationships, these emotional triggers can escalate conflicts into physical violence.”
If you are facing domestic violence allegations this holiday season, you need to be very careful. These are serious allegations that can have both immediate and long-term consequences. You need to ensure that you are making informed decisions about your defense, and this means that you should discuss your situation with an experienced New Jersey domestic violence lawyer as soon as possible.
Understanding What Constitutes Domestic Violence in New Jersey (and What Doesn’t)
Before you make any decisions, it is important to make sure you have a clear understanding of what constitutes domestic violence in New Jersey. New Jersey’s definition of domestic violence is extremely broad, and this means that spouses, partners, and other individuals can face domestic violence allegations in a wide range of circumstances.
New Jersey’s domestic violence law has two key aspects: (i) the definition of a victim; and (ii) the list of qualifying criminal offenses.
1. The Definition of a Victim
In New Jersey, you can be charged with domestic violence for committing any of a variety of acts against a victim. The law defines a victim as any of the following:
- A current or former spouse or partner
- A current or former boyfriend or girlfriend
- The parent of a shared child or expected child
- Adults who are current or former members of the perpetrator’s household
- Emancipated minors who are current or former members of the perpetrator’s household
If you are accused of committing a qualifying crime against a victim, you can be charged with domestic violence in New Jersey. As discussed below, facing domestic violence allegations can lead to a variety of criminal and non-criminal penalties—and these penalties can impact your life for years (if not decades) to come.
2. Criminal Offenses that Can Qualify as Domestic Violence
New Jersey law outlines several criminal offenses that constitute domestic violence when perpetrated against a victim. Some of the most common allegations in domestic violence cases during the holiday season include:
- Assault and battery
- Criminal restraint
- Harassment (including cyber harassment)
- Sexual assault
- Stalking
But these are just examples. From false imprisonment and kidnapping to robbery and homicide, various other crimes can also be prosecuted as domestic violence in New Jersey. Additionally, if you are subject to a domestic violence restraining order and you violate your restraining order during the holiday season, this can lead to an additional domestic violence charge as well.
5 Facts You Need to Know if You’ve Been Accused of Domestic Violence During the Holidays
Now that you have an idea of when you can be charged with domestic violence in New Jersey, what do you need to know if you have been accused of domestic violence during the holidays? If you find yourself in this situation, here are five key facts you need to know:
1. Domestic Violence Accusations Can Have Immediate Consequences
In New Jersey, facing accusations of domestic violence can have immediate consequences. Most immediately, you can be arrested and taken into custody. If you are accused of using a weapon or if the person accusing you of domestic violence appears to be injured, the police are required to conduct an arrest under New Jersey law.
Regardless of whether you are arrested, you can also face a domestic violence restraining order. Restraining order proceedings take place in family or municipal court, and they are separate from your criminal trial. In domestic violence cases, family and municipal court judges can issue restraining orders without the alleged perpetrator being present.
When you are subject to a domestic violence restraining order, you must comply with the order in order to avoid additional criminal charges. Judges handle requests for domestic violence restraining orders on an emergency basis—even during the holidays—so it is critical to make sure you know whether a restraining order has been issued against you.
2. Domestic Violence Accusations Can Have Serious Long-Term Consequences
While your initial domestic violence restraining order will be temporary, after issuing the order, the judge will schedule a hearing on whether to issue a final restraining order. If the judge issues a final restraining order, you could face restrictions for years. You have the right to appear at this hearing, and it will be important for you to hire an experienced New Jersey domestic violence lawyer who can help protect you to the fullest extent possible.
Again, this is all entirely separate from your criminal trial.
If you get convicted of domestic violence in criminal court, you can face all of the life-altering consequences that come with a criminal conviction. While the specific penalties you are facing depend on the specific crime with which you are being charged, domestic violence convictions in New Jersey can generally lead to:
- Substantial fines and other financial consequences
- Jail or prison time
- Probation and other mandatory requirements
- Loss of parental rights
- Loss of job opportunities and other consequences of having a conviction on your permanent record
Fines in domestic violence cases can range from hundreds of dollars to hundreds of thousands of dollars, and jail sentences can range from 30 days to life. Once you hire a New Jersey domestic violence lawyer to represent you, your lawyer will be able to determine the specific penalties that you are facing.
3. Violating a Domestic Violence Restraining Order Can Also Have Serious Consequences
As we said above, if you violate your domestic violence restraining order, this can be prosecuted as a separate domestic violence offense under New Jersey law. This means that even if you had a domestic violence restraining order entered against you unjustly, a restraining order violation could still lead to criminal (and other) consequences. Again, you need to be very careful in this situation, and it is strongly in your best interests to hire an experienced New Jersey domestic violence lawyer who can help you protect yourself.
4. You Have Defenses Available Regardless of the Accusations Against You
Regardless of the accusations against you, you have defenses available. As a result, you should not assume that you will be found guilty or that there is nothing you can do to protect yourself. As with all criminal cases, prosecutors must be able to prove your guilt beyond a reasonable doubt. If you can prevent prosecutors from meeting their burden of proof—either by showing that their evidence is insufficient or by keeping their evidence out of court—then you should be able to avoid a conviction.
5. Defending Yourself Effectively Will Require Experienced Legal Representation
With that said, defending against domestic violence accusations in New Jersey is not easy—and there are no guarantees. Defending yourself effectively will require experienced legal representation. Once you hire an experienced New Jersey domestic violence lawyer to represent you, in addition to determining what penalties you are facing, your lawyer will also be able to determine what defenses you have available. Your lawyer can then assert these defenses on your behalf in pretrial proceedings and at trial if necessary.
What if You Have Been Falsely Accused of Domestic Violence During the Holidays?
Unfortunately, false accusations of domestic violence are not uncommon. While domestic violence during the holidays is a very real concern, false accusations can have serious consequences for those targeted as well.
If you are facing false accusations of domestic violence during the holidays, you still need to handle your situation carefully. False accusations can—and do—lead to domestic violence restraining orders and convictions in criminal court. As a result, even if the allegations against you are entirely fabricated, it will still be important for you to work with an experienced New Jersey domestic violence lawyer who can help you fight to clear your name.
From text messages to witness testimony, there are a variety of ways to uncover false accusations in domestic violence cases. But, even in this scenario, there are no guarantees. You need to ensure that you are making smart decisions about your defense, and you will need to rely on your lawyer to expose the truth on your behalf.
If you have been falsely accused, we encourage you to read: What You Need to Know if You Have Been Falsely Accused of Sexual Assault in New Jersey. While this article discusses false accusations of sexual assault specifically, the information in the article applies to other types of domestic violence cases as well.
What if You Need to Defend Against Provable Accusations of Domestic Violence?
Now, let’s say you are facing the opposite scenario. What if you made a mistake and you now need to defend yourself against provable accusations of domestic violence?
No matter what happened, you need to avoid making any assumptions about how your case might go. While facing a domestic violence conviction is a very real possibility, you may also have various defenses available. As we said above, regardless of the facts at hand, prosecutors must be able to prove your guilt beyond a reasonable doubt—and, if they can’t prove a conviction is warranted, you are entitled to walk free.
From violations of your constitutional rights (i.e., conducting unlawful searches and seizures) to questions about accusers’ motives and trustworthiness, there are several potential ways to raise questions about your guilt in a domestic violence case. The key is to work closely with an experienced lawyer who can raise questions in your case based on the specific facts and circumstances involved.
What Do You Need to Do to Protect Yourself?
With all of this in mind, what do you need to do to protect yourself if you are facing domestic violence allegations during the holiday season? In this scenario, you should:
1. Exercise Your Right to Remain Silent
If you are facing accusations of domestic violence, you should exercise your right to remain silent. You should not talk to the police, and if the police ask you questions, you should state that you want to speak with your lawyer.
2. Comply with Your Domestic Violence Restraining Order
If you have a domestic violence restraining order issued against you, you need to comply with the order—no matter what. If you aren’t sure whether a domestic violence order has been issued against you, your lawyer can find out.
3. Take Detailed Notes About the Day of Your Arrest and Any Prior Incidents
As soon as possible, you should take detailed notes about the day of your arrest. Write down everything you can remember about the events leading up to your arrest, as well as what happened after the police arrived. You should take notes about any prior incidents that may be relevant to your case as well.
4. Talk to a New Jersey Domestic Violence Lawyer as Soon as Possible
If you are facing domestic violence allegations in New Jersey, you cannot afford to take chances. You need experienced legal representation, and you should engage an experienced lawyer to represent you as soon as possible.
5. Be Prepared to Work with Your Lawyer During the Holiday Season
Finally, even though it’s the holiday season, fighting your domestic violence case needs to be your priority. You should be prepared to work with your lawyer as he or she builds your defense, and you should be prepared to make important decisions when they need to be made.
Talk to an Experienced New Jersey Domestic Violence Lawyer in Confidence
Are you facing domestic violence accusations during the holiday season? If so, we can help you, but it is important that you contact us promptly. To speak with an experienced New Jersey domestic violence lawyer in confidence as soon as possible, call 877-435-6371 or tell us how we can reach you online now.
