Under New Jersey law, police officers who respond to domestic violence complaints must arrest a suspect and file criminal complaints if the alleged victim has been injured. In fact, even if the injury does not present symptoms, the police can still arrest the accused. Often, police will seek a restraining order immediately against the accused and may file other violent crime charges against this party.
If you have been arrested for domestic violence in Jersey City you may face related charges like harassment, assault, criminal trespass, criminal restraint, kidnapping, terrorist threats, sexual assault, and false imprisonment. That is why you should hire a domestic violence attorney from the Law Offices of Anthony Carbone, P.C. Your defense lawyer can establish a defense strategy and discuss whether it is possible to beat the domestic violence charges against you.
The Implications of a Protective Order
When the police seek a protective order against you, stay away from the complainant and observe the limitations placed on your movement. The judge who hears your case can issue this order against you without asking the complainant to prove their allegations.
The judge has ten days to hold a hearing to decide if the protective order must become final. Without legal representation on your side at this hearing, this can go badly for you. The alleged victim will appear at this hearing with a lawyer who is committed to making the TRO requirement permanent.
A restricted order will prohibit you from going back to the location where the alleged violence occurred. Also, you won’t be allowed to communicate or contact the alleged victim or their relatives in person, in writing, or by telephone. The order will prohibit you from possessing a weapon or firearm and requires you to pay the alleged victim temporary child support. You will also be required to reimburse the victim for medical expenses they incur because of the injury you allegedly caused. If you violate the restraining order, you will be held in contempt of court, which can put you in jail for up to 18 months and force you to pay up to $10, 000 in fine.
The Role of Your Defense Lawyer
Your domestic violence defense attorney can get a TRO lifted or prevent a final order from being issued or overly restrictive. They will develop a defense strategy to show that the alleged domestic violence incident did not happen or that it was accidental. Also, they can assert that you acted in self-defense or were trying to defend others like your kids. Your attorney may claim that the incident was the accuser’s intentional self-harm or say that somebody else harmed the alleged victim.
