PASSAIC, BERGEN, HUDSON, MORRIS AND ESSEX COUNTY DOMESTIC VIOLENCE ATTORNEY
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Domestic violence cases often start with a call to the police. If the police come to the scene, and there was a fight that appears to fall within the definition of domestic violence, the police are supposed to make an arrest, even if the altercation was mutual or the evidence is weak. An arrest for domestic violence does not always lead to a conviction.
However, you can face severe consequences if you are convicted, including not only criminal penalties but also social stigma and a negative impact on the custody of a child. As a result, you should retain a criminal defense lawyer who can fight for your rights.
Experienced Domestic Violence Lawyer Serving Clients in Paterson and Hackensack
Domestic Violence Cases are Serious Offenses
Law enforcement authorities and prosecutors take domestic violence cases seriously. One of the difficulties that defendants have is the inherent bias that law enforcement officials have against the alleged abuser. Defendants find the criminal justice system frustrating, especially if only one side is presented to law enforcement officers.
Whether you are falsely accused, or you feel that your situation was a misunderstanding, at David L. Pine, LLC, our Passaic County domestic violence lawyer can help.
Don't try to explain your side to the authorities - contact us first.
We can get to the bottom of the claims against you, including interviewing witnesses, scrutinizing the basis of the arrest, and more.
What is Domestic Violence?
The New Jersey State Police website states the following: "The United States Department of Justice defines domestic violence, or intimate partner violence, as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating."
What is the Domestic Violence Act?
The Domestic Violence Act (N.J.S.A. 2C:25-17 (The Prevention of Domestic Violence Act “PDVA”, et seq.)) is a series of laws designed to protect victims of domestic violence.
Domestic violence means the occurrence of one or more of the following criminal offenses upon a person protected under the “Prevention of Domestic Violence act of 1991,” P.L. 1991, c.261 (C.2C:25-17 et al.)
N.J.S.A. 2C:11-1 et seq.
|Criminal Sexual Contact
A police officer can only take into custody a domestic violence suspect if:
The victim shows any signs of injury caused by an act of domestic violence
The officer finds probable cause that a no-contact court order has been violated
The officer finds probable cause that a weapon was involved in the claimed act of domestic violence
The accused person has a warrant in effect
CONSEQUENCES OF A DOMESTIC VIOLENCE CONVICTION
Domestic violence can be charged against a spouse or ex-spouse, roommate or ex-roommate, girlfriend or boyfriend, people who share a child, etc. The mere accusation of domestic violence can damage relationships and reputations for years, even if the charge turns out to be false.
Criminal penalties for domestic violence include jail time, fines, a permanent criminal record, and possible mandatory counseling or anger management, an impediment to possessing firearms ID cards or the adoption of children. To avoid the maximum penalties allowed by the law, don't hesitate to contact our firm today to meet with an attorney for a free case consultation.
SEE HOW A FORMER PROSECUTOR CAN HELP YOU!
As a former prosecutor, Mr. Pine understands how prosecutors approach domestic violence cases and ways to get these charges reduced or dropped altogether. If necessary, our domestic violence lawyer can even fight for an acquittal in court. Learn more about your potential options and defenses today.