Defending Against a Claim of Domestic Violence
Facing accusations of domestic violence is significant. If charged, you could be required to restrain from the individual, while also facing expensive legal fines and even jail time. Depending on the details of the case, the defendant could also face eviction and their child custody rights could be affected.
If you are dealing with a claim of domestic violence, it is important to consider your defense options with a lawyer.
Understanding New Jerseys’ Domestic Act
The state of New Jersey implemented the Prevention of Domestic Act of 1991 in order to protect victims of domestic abuse from their spouses, family members, household members, or any other individual who is a threat.
Common Defenses Against a Domestic Violence Claim
If you were wrongly accused with domestic violence, there might be a few defenses that will protect your legal rights. These are a few of the most common defenses against domestic violence claims in New Jersey.
The Claim is Not Based on an Approved Act of Violence
Criminal domestic violence claims must be based on one of the following:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Lewdness
- Burglary or robbery
- Criminal trespass
- Criminal coercion
- Criminal sexual contact
- Criminal mischief
- Stalking or harassment
A contempt of a previous domestic violence order can also qualify a criminal domestic dispute claim. If the claim of domestic dispute against you doesn’t include any of these, it is possible that a judge will drop the charges.
Failure to Follow Jurisdictional Laws
New Jersey has specific laws on who can claim a domestic dispute case. If both parties do not fall into the category of a spouse, former spouse, former partner, household member, or those in a dating relationship, it may be possible to have the case dropped.
Self-Defense Claims
Self-defense can sometimes be used as a defense. If one individual harmed the other in an act of self-defense, then they might qualify to have the charges dropped.
De minimis Infraction
A de Minimis infraction claims that the domestic dispute, or the injuries sustained, were too minimal to file charges. The lack of severity disqualifies the case for a criminal charge.
Ways Your Criminal Defense Lawyer Can Help
Some domestic violence claims can also lead to criminal charges. If you are facing criminal domestic violence charges, it is important to reach out to a New Jersey lawyer as soon as possible. Your lawyer can file a continuance with the local court, which can give you more time to build your defense case.
Your criminal defense lawyer will also help you evaluate the legitimacy of the domestic dispute claim by gathering the victim’s medical records and personal statement. If possible, they will also call on any witnesses to speak to the events that occurred during the dispute. Images or video evidence or phone recordings can also be helpful in building your case.
Contact an Experienced Camden County Criminal Defense Lawyer About Your Domestic Violence Charges in New Jersey
Were you arrested or charged with domestic violence in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal defense attorney as soon as possible about your case. The attorneys at Gelman Law have successfully represented clients charged with domestic violence in Cherry Hill, Camden County, Burlington County, Gloucester County, and throughout New Jersey. Call(856) 861-4236 or fill out the online contact form to schedule a consultation with a member of our legal team. We have an office conveniently located at 1940 W Rte. 70, Suite 4, Cherry Hill, NJ 08003.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Disorderly conduct consists of any improper behavior such as fighting, threats of violence, or creating a dangerous atmosphere.
