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What Happens When a Spouse or Partner Accuses You of Domestic Violence During the Holiday Season?

December 9, 2021 | Posted In Family Law |

Facing accusations of domestic violence is a serious matter any time of year. Depending on the nature of the allegations, you could be facing anywhere from days to years in jail and hundreds of dollars to thousands of dollars in fines. You could also face a domestic violence restraining order—and if you violate this order, you could face additional criminal charges.

Due to the serious nature of domestic violence accusations, these cases move quickly. As a result, if your spouse or partner has accused you of domestic violence during the holidays, you must immediately turn your attention to protecting yourself by all means available. Below is a brief synopsis of what could happen next. To learn more about what may occur based on your specific situation, contact a domestic violence lawyer at our firm.

Steps Following a Spouse’s or Partner’s Accusation of Domestic Violence

The Police May Arrest You

When a spouse or partner makes accusations of domestic violence, there is a reasonable chance that this will lead to an arrest. In fact, the police are required to make an arrest if the accusations involve a weapon or if the complainant appears to be injured. The police must make an arrest in certain other circumstances as well. Even if the police are not required to arrest you, they may still choose to do so based on the nature of the allegations and the circumstances involved.

A Family or Municipal Court Judge May Issue a Restraining Order

Based on your spouse’s or partner’s accusations against you, a family or municipal court judge may decide to enter a temporary restraining order (TRO). This can happen very quickly (the courts handle requests for domestic violence restraining orders on an emergency basis—even during the holidays), and it can happen without your knowledge or involvement. Once a domestic violence restraining order has been issued, you must fully comply with the order to avoid facing charges for contempt of court.

After issuing a TRO, the judge will schedule a Domestic Violence Hearing. At this hearing, the judge will decide whether to enter a permanent domestic violence restraining order against you.

Your Criminal Case Will Keep Moving Toward Trial

While these civil proceedings take place, your criminal case will keep moving toward trial. The police and prosecutors will be working together to prove your guilt, and you will need to work with your attorney to dispute the allegations against you. 

Although there are several potential defenses to domestic violence charges, the arguments you can make will depend on the unique facts of your case. Overcoming allegations of domestic violence – and even false allegations of domestic violence – can be an uphill battle. To protect yourself, you will need an experienced defense attorney on your side.

Contact us 24/7 for a Free and Confidential Consultation

Our defense attorneys bring centuries of combined experience to defending individuals charged with domestic violence in New Jersey. If you are facing accusations, we can help. To discuss your case with one of our attorneys in confidence, call 877-435-6371 or request a free initial consultation online now.

 

Over 20 attorneys at HCK have extensive experience in defending criminal cases as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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Helmer, Conley & Kasselman, P.A.

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