New Jersey Domestic Violence Lawyer
Domestic Violence Convictions Have Serious Penalties
Few New Jersey criminal charges can change your life faster and more harshly than these types of allegations. In fact, your world can be turned upside down instantly, well before you are actually charged with a crime. An arrest—whether true or not—is enough under New Jersey law to have you removed from your home and separated from your children. If you do not take your case seriously and hire an experienced New Jersey domestic violence lawyer as soon as possible, you could risk losing custody, your right to own firearms, your job, and even your reputation.
Why We Believe We Are the Right Lawyers for You
At Helmer, Conley & Kasselman, P.A., our New Jersey domestic violence lawyers understand what is at stake. While we recognize that real abuse cases must be treated seriously, false or exaggerated accusations also occur, often tied to divorce or custody disputes.
Our attorneys stand ready to protect your rights from the moment you reach out. These cases in New Jersey move faster than other criminal matters, and it can be easy to be overwhelmed by prosecutors. If you choose us, a skilled New Jersey domestic violence attorney will use extensive experience and an aggressive approach to criminal defense to clear your name, defeat the charges, and help you regain control of your life.
What Constitutes Abuse Under New Jersey Law?
This category of offense in New Jersey is not limited to one specific act. It can involve various criminal behaviors as defined in the New Jersey Prevention of Domestic Violence Act of 1991 (PDVA). What qualifies as an offense under this statute is that it is committed against a “protected person” with whom the accused has or had a relationship. Protected persons include:
- Current and former spouses
- Other adults who are or were members of the same household
- Emancipated minors who are or were household members
- Current and former romantic partners
- Parents of shared children
- Individuals expecting a child together
Charges may stem from offenses such as:
- Homicide
- Assault and battery
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a protective order
- Any crime involving serious bodily harm
- Cyber harassment
A New Jersey Domestic Violence Lawyer Will Help You Fight Severe Penalties
A restraining order may only be the first of many consequences if you are ultimately found guilty. Once a criminal complaint is filed, you could be facing significant fines, time in jail, and lasting damage to your reputation.
The potential penalties mirror those for crimes against non-protected persons. New Jersey classifies offenses as “indictable crimes” and “disorderly persons offenses,” and penalties are determined by degree:
- First Degree – 10 years to life in prison and fines up to $200,000
- Second Degree – Five to 10 years in prison and fines up to $150,000
- Third Degree – Three to five years in prison and fines up to $15,000
- Fourth Degree – Up to 18 months in prison and fines up to $10,000
- Disorderly Persons – Up to six months in jail and fines up to $1,000
- Petty Disorderly Persons – Up to 30 days in jail and fines up to $500
How These Allegations Can Affect Family Law Matters
Beyond criminal penalties, accusations can also impact your rights in family law matters, including divorce and child custody. In addition to defending criminal cases, our firm represents individuals in family law proceedings, giving us insight into how one case can affect the other.
Impact on Divorce Proceedings
Such allegations can affect divorce cases in multiple ways. For example, an arrest might provide grounds for your spouse to seek a fault-based divorce, which New Jersey still allows in addition to “no-fault” filings.
Even in no-fault divorces, accusations can influence:
- Property Division – Judges may consider relevant factors, including conduct during the marriage, when dividing marital assets.
- Spousal Support – Alimony decisions weigh multiple factors such as income, assets, debts, and other circumstances, potentially including claims of abuse.
- Child Custody – Custody is determined based on the best interests of the child, and the law explicitly includes any history of violence among those factors.
Impact on Child Custody Rights
Your partner or former spouse may seek greater custody or visitation restrictions, and depending on the charges, you could even be considered unfit for parenting time until the matter is resolved.
Additional Consequences of a Conviction
Accusations can also result in restraining orders. Judges can issue temporary or permanent orders that include conditions such as:
- Prohibiting entry into your home
- Barring visits to the alleged victim’s workplace, school, or residence
- Restricting firearm ownership or possession
- Limiting parenting time or custody rights
- Requiring anger management or treatment programs
These civil proceedings often move faster than criminal cases, so you may need to defend against a restraining order while the criminal matter is still pending.
Q&A with Our New Jersey Domestic Violence Lawyer
When Are Police Required to Make an Arrest?
Officers must make an arrest when the complaint involves a weapon, visible injury, a restraining order violation, or probable cause based on other relevant factors. Even when not required, they can make a discretionary arrest if uncertain about the events.
If you have been arrested, it does not mean you are guilty—but it does mean you need experienced representation. A skilled defense attorney can challenge the basis of your arrest and work to protect your rights.
What Happens if Both Individuals Are Injured?
When both parties are hurt, officers determine who to arrest by considering prior incidents, the extent of injuries, signs of fear, and whether self-defense played a role. Our team includes former prosecutors and law enforcement officers, offering valuable insight into how these cases are investigated and prosecuted.
Can I Be Ordered to Undergo a Psychiatric Evaluation?
Yes. Judges may require psychiatric evaluations or treatment programs, including anger management or substance abuse counseling. Noncompliance can lead to additional penalties.
Does It Matter If We Weren’t Living Together?
No. New Jersey law applies to spouses, partners, co-parents, and former relationships alike. Even if the alleged victim is not a current partner, you could still face prosecution for related criminal charges. Having a knowledgeable New Jersey domestic violence lawyer on your side is critical to your defense.
Charged in New Jersey? Call Helmer Legal Today
At Helmer, Conley & Kasselman, P.A., our New Jersey domestic violence attorneys are available on an emergency basis to begin working immediately. With more than 600 years of combined experience, our firm has achieved numerous successful outcomes for clients across New Jersey. Call us at 1-877-435-6371 or contact us online to schedule a confidential consultation.
