It can happen in an instant, and for a variety of reasons. You may be having a discussion with your spouse or an ex, when a disagreement becomes heated. Tempers and voices may go up. Unfortunately, if anyone calls the police, whether it seems necessary or not, there is a significant likelihood that someone will go to jail. In fact, New Jersey law specifically states that police must arrest a suspect if the accuser shows any sign of injury, and may arrest a suspect even if there is no visible sign. Furthermore, when you go to court, you can expect to find the judge to by sympathetic to the accuser, unless you have compelling evidence to refute the claim. It is critical to have experienced legal counsel to protect your rights.
At the Law Offices of Mallon & Tranger, we offer aggressive and experienced representation to people who have been accused of or charged with domestic violence or abuse. To schedule a free initial consultation to learn how we can help you, contact us online or call us at (732) 410-6094.
THE DOMESTIC VIOLENCE PROCESS IN NEW JERSEY
New Jersey divides domestic violence into two parts: the criminal proceeding to determine your guilt or innocence and establish penalties; and the family or civil court hearing, where your rights of access to family members are addressed.
In family court, the person accusing you can seek to have a restraining or protective order put in place, which customarily limits all types of communication with certain members of your family, including a spouse, ex-spouse and children. In most instances, restrictions will be set regarding whether or not you can reside or be in the same building or residence with family members, or even within a certain distance (for example, within 100 yards when out of doors). If you are a non-custodial parent, the restraining order may prohibit access to your children, or allow only supervised visits. The restraining order usually limits other types of contact or communication, including phone calls, letters or e-mails, and may prohibit you from sending gifts or presents.
In a criminal proceeding, you can face fines or jail time. In addition, if you violate the terms of a restraining order, you can be charged with criminal contempt of court.
CONTACT MALLON & TRANGER
To arrange an appointment to discuss a domestic violence charge, contact us online or call us at (732) 410-6094. There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.