New Jersey takes domestic violence very seriously. A domestic violence conviction can result in lengthy prison sentences, fines, probation, and a ban on firearm purchases. These convictions will also show up on a permanent record and can be visible on background checks. The victim can also sue the perpetrator for damages such as medical bills, lost income, and pain and suffering. If you have been accused of harming a partner or ex-partner, contact a New Jersey domestic violence attorney at The Law Office of Jason A. Volet by calling (732) 702-3785 today.

How Is Domestic Violence Defined in New Jersey?

In general, domestic violence is defined as physical abuse committed by a person in a current or former relationship against their partner. New Jersey’s 1991 Prevention of Domestic Violence Act (PDVA), established a list of crimes that constitute domestic violence. These include:

• Murder
• Assault
• Terroristic threats
• Kidnapping
• False imprisonment
• Sexual assault
• Lewdness
• Burglary
• Robbery
• Trespassing
• Harassment
• Stalking
• Criminal coercion

If you’ve been charged with domestic violence, your liberty and reputation are on the line. It’s important to seek out an experienced criminal defense attorney right away for help.

Who Is Protected by the Domestic Violence Act?

The Prevention of Domestic Violence Act of 1991 established that domestic violence occurs if one of the above offenses are committed against a person with whom the perpetrator has a relationship. A relationship is defined as two people who fall into one or more of these categories:

• Married
• Separated
• Divorced
• Living together/previously lived together
• Dating/previously dated
• Have a child together or are expecting a child

Both people in the relationship need to be either over the age of 18 or an emancipated minor. A minor is emancipated if they are married, in the military, has or is expecting a child, or if a court or government agency has declared the minor to be emancipated. Both men and women can be perpetrators and victims of domestic violence.

Is Domestic Violence Considered a Felony or Misdemeanor in New Jersey?

Domestic violence may be a felony or a misdemeanor, depending on the severity of the underlying charges. In New Jersey, a misdemeanor is also referred to as a “disorderly persons charge.” Factors such as a perpetrator’s prior offenses, especially if they include domestic violence, can increase the charges from a misdemeanor to a felony. For example, a domestic violence charge of simple assault is often a misdemeanor. However, if this is the perpetrator’s second time being charged with an act of domestic violence, the assault may be upgraded to a felony. A simple assault can also be elevated to an aggravated assault charge if it resulted in serious injury or if the assault was committed with a deadly weapon. Felonies are graded as first, second, third, or fourth-degree crimes based on their severity. Penalties for a misdemeanor domestic violence conviction include up to six months in jail, fines, anger management classes, and probation. Penalties for felony domestic violence convictions depend on the degree of the felony:

• Fourth-degree: up to 18 months in New Jersey state prison
• Third-degree: 3 to 5 years
• Second-degree: 5 to 10 years
• First-degree: up to 20 years

According to federal law, both misdemeanor and felony domestic violence convictions can prohibit an individual from purchasing firearms. A final restraining order may also prevent a perpetrator from buying a firearm. Restraining orders are often a part of domestic violence proceedings. At the beginning of a proceeding, a judge will likely issue a no-contact order or temporary restraining order. This prevents the defendant from contacting or communicating with the victim in any way. A final restraining order may be issued by a judge at the end of a case, which permanently prohibits the defendant from making any contact with the victim. This is an official document that can have implications on employment. Restraining orders are a part of the civil law system and are not criminal in nature, but violating a restraining order can be a crime and can result in jail time.

What are the Types of Domestic Violence?

There are several different types of domestic violence. These include physical, emotional, sexual, or financial abuse. Physical abuse occurs when force is used against the victim and results in injury. This includes punching, kicking, stabbing, shooting, choking, slapping, or otherwise harming the individual. The injury does not need to be severe or warrant medical attention. A slap that causes a minor bruise would constitute physical abuse. Emotional abuse includes constant insults, humiliation, and criticism. Emotional abuse alone is not sufficient to bring a domestic violence charge unless it is so extreme that it can be considered coercive. Evidence of emotional abuse can be combined with other types of abuse to bring a charge of domestic violence. Sexual abuse includes rape, sexual assault, and sexual harassment. Sexual abuse can also include forms of reproductive coercion, such as being tricked or coerced into not using contraception or having an abortion. Financial abuse can come in many forms, but usually appears as one partner controlling the other’s access to resources. This is especially common in marriages where spouses share their money in a joint bank account. Financial abuse may occur alongside other forms of abuse and can make it extremely difficult for the victim to leave the abusive situation. Financial abuse alone is usually not grounds for a criminal charge, but a victim may be able to recover or regain access to assets in civil court.

What Evidence Is Needed to Prove Domestic Violence in New Jersey?

Evidence is very important in domestic violence cases. It can be difficult to prove a claim of domestic violence because it often happens at home without any witnesses. Evidence such as photos of the victim’s injuries or of damaged property is often used as evidence. Testimony by witnesses who saw the abuse occur or to whom the victim confided also may be used. It’s very important to speak with a criminal defense attorney if you’re facing domestic violence charges. Because the consequences can be far-reaching, you need a lawyer who will gather solid evidence to disprove or reduce the charges against you.

Contact a New Jersey Domestic Violence Attorney Now

Domestic violence is a serious crime. A conviction can have a lasting impact on your life. It’s important to understand your rights and the process by which domestic violence charges are handled. Questions? Reach out to a New Jersey domestic violence attorney at The Law Office of Jason A. Volet by calling or filling out an online contact form for a free consultation.

New Jersey’s Prevention of Domestic Violence Act (PDVA) is a sweeping state law that defines domestic violence as committing one or more of 19 criminal offenses upon a person who is involved in or has had a relationship with the alleged perpetrator. Offenses under the law include crimes of violence as well as cyberstalking and other acts of harassment. The gender of the parties is not a factor. The PDVA allows an alleged victim of domestic violence to obtain a temporary restraining order (TRO) against a defendant by requesting one. A final restraining order (FRO) requires evidence and a hearing, but even a TRO can disrupt a defendant’s life and be financially costly. While we support efforts to stop domestic violence, we also understand how unfounded domestic violence allegations can damage a person’s personal and professional life. A domestic violence defense lawyer can help you understand your rights and prepare a defense for you if you face domestic violence accusations. Every individual has the right to a robust legal defense against criminal accusations, and domestic violence claims are no exception. If you have been accused of a domestic violence offense, reach out to a New Jersey criminal defense attorney as soon as possible.

What Does the NJ Prevention of Domestic Violence Act Say?

The New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) is the means by which one party in a domestic relationship may obtain a restraining order against another party in a relationship. A restraining order issued by the court puts restrictions on the alleged perpetrator of domestic violence to keep him or her away from the alleged victim. In addition to requesting a restraining order, an alleged victim of domestic violence can file a criminal complaint arising from the same incident. Under the PDVA, the plaintiff in a domestic violence case must have a relationship with the defendant that puts him or her in the class of individuals protected by the statute. Individuals protected by the PDVA must have a relationship with the defendant which constitutes:

• Marriage
• Separation
• Divorce
• Living together in the same household at present or in the past
• A current or former dating relationship
• Parents who have a child in common
• A relationship in which the alleged plaintiff and perpetrator anticipate having a child in common.

The plaintiff must be 18 years old or older or be an emancipated minor. The defendant must be 18. The person making the complaint must have endured at least one incident of domestic violence. Any of the following offenses may constitute domestic violence:

• Aggravated assault
• Simple assault
• Terroristic threat
• Kidnapping
• Criminal restraint
• False imprisonment
• Sexual assault
• Criminal sexual contact
• Lewdness
• Criminal mischief
• Burglary
• Criminal trespass
• Harassment
• Cyber harassment
• Stalking
• Criminal coercion
• Robbery
• Contempt of a domestic violence order
• Homicide (murder).

Any crime involving risk of death or serious bodily injury against a person protected by the PDVA can also be charged as domestic violence.

Why Did New Jersey Adopt the Prevention of Domestic Violence Act?

Within the Prevention of Domestic Violence Act, the State of New Jersey says, “The Legislature finds and declares that domestic violence is a serious crime against society.” It found “that there are thousands of persons in this state who are regularly beaten, tortured and in some cases killed by their spouses or cohabitants. That a significant number of women who are assaulted are pregnant. That victims of domestic violence came from all social and economic backgrounds and ethnic groups.” The law states further, “It is the responsibility of the courts to protect victims of violence that occurs in a family or family-like setting by providing access to both emergent and long-term civil and criminal remedies and sanctions, and by ordering those remedies and sanctions that are available to assure the safety of the victims and the public.” In a training manual for police, the New Jersey Division of Criminal Justice declares that “Domestic violence is responsible for more injuries to women than any other reason, exceeding injuries due to rape, mugging, and traffic accidents combined.” Further, it says, “By enforcing the domestic violence laws, the officer provides the most effective deterrent to future abuse.” This is the mindset that New Jersey police have ingrained in them when they answer a domestic violence call. It is the same way a municipal court or superior court judge looks at the pleas of an alleged domestic violence victim who is seeking a temporary restraining order (TRO). While a judge must fairly weigh evidence before issuing a final restraining order (FRO), they understand what’s expected of them. New Jersey’s Prevention of Domestic Violence Act is designed entirely to protect victims and prosecute those who engage in domestic violence. But, even in domestic violence cases, the accused has the right to be presumed innocent by the court unless and until guilt is proven beyond a reasonable doubt. If you face charges under the PDVA, it is imperative for you to be represented by an experienced defense attorney who will defend your rights. Attorney Jason A. Volet can make sure your side of the story is heard and that any testimony or evidence against you is thoroughly examined before the court in a final restraining order hearing. Under a FRO in New Jersey, a judge’s final order could bar you from access to your home, require you to make appointments to see your children, and make you pay child support for a year or more. Mr. Volet can defend you from domestic violence criminal charges, as well.

Contact a NJ Domestic Violence Defense Attorney

New Jersey’s legislature and judiciary have seen to it that domestic violence cases are taken very seriously in our state. This is how it should be, but a defendant’s Constitutional rights must be protected, as well. If you are facing domestic violence charges, your personal and professional future is at stake, and you could face prison, fines, loss of custody of your child and more. Freehold defense attorney Jason A. Volet understands the seriousness of these charges and is prepared to help you mount a strong defense. Contact The Law Office of Jason A. Volet today to get work on your defense started. You can also visit our office located at 28 Court Street, Freehold, NJ 07728.

An alleged victim of domestic violence may obtain a restraining order against another person who has threatened harm or caused some type of harm. Restraining orders, also known as protective orders, typically prohibit contact between the defendant and the alleged victim.

The alleged victim of an assault or the police officer who answers a domestic violence call might request a temporary restraining order (TRO), which they would seek to have declared a final restraining order (FRO) in a formal hearing. It is rare for a law enforcement officer or an individual making a credible claim of domestic violence to be turned down when requesting a TRO.

If you are the subject of a restraining order, you should keep in mind that it is a judge’s legal order. If you are the target of a restraining order, a judge will not be pleased if you disregard the order. It’s a criminal offense to violate a protective order, and New Jersey courts take violations seriously. New Jersey law allows the court to fine you and put you in jail for violating a protective order.

If you have been accused of violating a restraining order in New Jersey, you need an experienced New Jersey restraining order attorney at your side. The Law Office of Jason A. Volet in Freehold, New Jersey, can help you fight the charges against you and seek the best outcome for you. Contact us online or at 732-491-8477 for assistance today.

What Happens If I Violate A Restraining Order In New Jersey?

Two of the most likely provisions of a domestic violence restraining order are that the defendant:

• Not contact or communicate with the accuser in person or via telephone, text, email, other online communication or form of writing
• Not return to the scene of the alleged violence or visit other locations, such as the alleged victim’s place of business or school.

If the defendant violates any provision of the judge’s order, the alleged victim, or plaintiff, can report the violation to police. Police can then arrest the defendant and charge him or her with contempt of court for violating the restraining order and any other charge available, such as trespassing, assault, or stalking.

These are criminal charges, which the local county district attorney’s office will prosecute in the county where the violation allegedly occurred. The prosecutor may consult the plaintiff, but the prosecutor will determine how to proceed on behalf of the state of New Jersey, which confers the obligation to seek a guilty verdict if a crime has been committed.

In cases that involve an act of violence, either before the restraining order was issued or in violation of a restraining order, the prosecutor will face additional pressure to see to it that the defendant is punished.

What Are the Penalties for Violating A Restraining Order?

Under the applicable law, N.J.S.A. 2C: 29-9(b), the charge of criminal contempt is a disorderly persons offense if there is no other crime beyond knowingly violating the protective order. A disorderly persons offense is punishable by up to six months in jail and a fine of up to $1,000.

However, the defendant may be charged with a fourth-degree felony if he or she knowingly violates the restraining order by committing one or more of 14 domestic violence offenses listed in New Jersey law:

• Homicide
• Assault
• Terroristic threats
• Stalking
• Kidnapping
• Criminal restraint
• False imprisonment
• Sexual assault
• Criminal sexual contact
• Lewdness
• Criminal mischief
• Burglary
• Criminal trespass
• Harassment.

The defendant would be punished according to the individual crime if found guilty. A fourth-degree offense is punishable by up to 18 months in prison and a fine of up to $10,000 in New Jersey.

Multiple prior violations of a restraining order will weigh against claims of innocence. If a new guilty verdict cannot be avoided, the result is more severe punishment if there are multiple prior convictions.

Defense Against Restraining Order Violation Charges

Depending on the circumstances of your case, there are several ways The Law Office of Jason A. Volet can help you if you have been charged with violating a restraining order in New Jersey.

First, the court must show that the defendant had been properly notified of a temporary or final restraining order before determining that a violation of the order has occurred.

If you have not been served with a copy of the restraining order, the charges against you should be dismissed. This legal defense would likely apply to incidents that occurred immediately after a restraining order was handed down and before there was time to serve the order or if you could not be located and served.

Otherwise, the prosecution must present evidence of a violation (and/or attached domestic violence crime) that proves beyond a reasonable doubt that you are guilty of the charges filed. This is a high burden for the prosecution. Most domestic cases pit one person’s word against another’s.

In cases where the facts of the charges cannot be disputed, our office will work to achieve a resolution to the case that is as favorable to you as possible. In some restraining order violations, the consequences of the violation are minor, and we can seek what is known as a “de minimis infraction” ruling. Essentially, this provision of New Jersey law is available to separate trivial matters from actual criminal conduct and is used to remove an unnecessary prosecution from the court’s docket.

In other cases, we would hope to express your true remorse for the violation and understanding of the importance of adhering to all provisions of the restraining order in the future. Because of attorney Jason Volet’s experience handling over 2,000 cases as a prosecutor and criminal defense attorney in Monmouth County, he has the established professional relationships necessary to negotiate on behalf of defendants who do not deserve the harshest punishment available.

Contact an Experienced NJ Restraining Order Defense Attorney

If you have been accused of violating a New Jersey restraining order or protective order, it is important to have an experienced New Jersey criminal defense attorney at your side who will fight the accusations against you. Contact the Law Office of Jason A. Volet today online or at 732-491-8477 in Freehold, NJ, to learn more about how we will fight for you.

Domestic violence is taken incredibly seriously under New Jersey law. Police must respond to all domestic violence calls made by a victim or a bystander. Police must also arrest the person accused of abuse if physical injury or violation of an existing restraining order is involved, and officers may choose to arrest a suspect even if no injuries are evident. In addition, police must prepare a report any time they respond to a domestic violence call, no matter the outcome of the call.

If you are facing allegations of domestic violence, you need to understand how these charges are treated under New Jersey law. Let The Law Office of Jason A. Volet fight to protect your rights, your freedom, and your future. As a former prosecutor, Mr. Volet understands how to effectively build a defense on your behalf aimed at achieving the best possible outcome.

Contact us now to schedule a free consultation to speak with a New Jersey domestic violence defense attorney.

How Is Domestic Violence Treated Under New Jersey Law?

Domestic violence is treated seriously under New Jersey law, which outlines several penalties for committing acts of domestic violence. In addition to the accused being charged with a crime for the predicate act of domestic violence (with predicate acts ranging from disorderly persons offenses up to homicide), the victim is also entitled to seek a restraining order against the alleged abuser. A restraining order can prohibit the alleged abuser from returning to a residence he or she shares with the victim, require the accused to surrender all firearms, and award child custody to the victim.

A domestic violence conviction and restraining order can have a serious impact on your life for many years to come. Don’t try to handle this type of situation on your own. Talk to our attorney about your rights and options for having the charges against you reduced or dropped.

Are There Different Types of Domestic Violence?

New Jersey law recognizes different types of “predicate acts” for a court to find that domestic violence has occurred and grant a victim relief under a domestic violence complaint. The predicate acts of domestic violence in New Jersey include:

• Harassment, or the infliction of offensive touching or communications that are intended to annoy or alarm the victim
• Cyber-harassment, or harassment that takes place online, or posting objectionable material about the victim online with the intent to harm the person or place the person in fear of harm
• Assault, whether involving actual contact with the victim or merely the threat of harm and injury
• Terroristic threats, or the commission of the crime with the intent to terrorize the victim; if the abuser threatens a crime, the victim must believe the abuser can and intends to carry it out
• Criminal mischief, or damage to or destruction of the victim’s property
• Criminal restraint, or the abuser keeping the victim in a place that puts the victim at risk of serious bodily injury
• False imprisonment, or the abuser keeping the victim in a place and not allowing him or her to leave
• Burglary, or breaking into a dwelling with the purpose of committing a crime therein
• Criminal sexual contact, or the use of force or coercion to get the victim to engage in sexual acts with the abuser
• Sexual assault, or the use of force or coercion to get the victim to participate in the act of sexual penetration
• Kidnapping, or taking a victim from a place to another location through the use of deception, force, or threat
• Stalking, which can involve staring at a person for a long time, following a person or sending others to follow that person, interfering with the belongings of a person, harassing, or sending threats, with the purpose of making the victim scared or uncomfortable
• Lewdness, or committing an offensive act in front of the victim knowing he or she does not want to witness the act
• Criminal trespass, or entering private property without permission
• Criminal coercion, or forcing someone to do something or not do something through threat
• Robbery, or stealing through the use of force or threat
• Contempt, or violation, of an existing restraining order
• Homicide, or unlawfully causing the death of a victim
• Any other crime involving risk of death or serious bodily injury to a person protected under the Prevention of Domestic Violence Act of 1991

Is Domestic Violence a Misdemeanor or Felony in New Jersey?

Domestic violence can be a misdemeanor (known as a disorderly persons offense) or a felony (known as an indictable offense) in New Jersey, depending on the particular predicate act of domestic violence. For example, certain acts of domestic violence, such as criminal mischief or criminal trespass, may be considered disorderly persons offenses under New Jersey law. Conversely, many serious acts of domestic violence, including assault, sexual assault, kidnapping, burglary, and homicide, are classified as indictable offenses.

What Happens If You Violate a Restraining Order?

Violating a domestic violence restraining order can carry significant penalties. Violation of a restraining order is considered a form of criminal contempt, a fourth-degree crime. Conviction can result in a sentence of up to 18 months in prison and up to a $10,000 fine. Prison time is not mandatory for a first-time violation, but subsequent violations carry a mandatory minimum sentence of 30 days in jail.

Are Certain People More Protected Under New Jersey Laws on Domestic Violence?

New Jersey laws on domestic violence provide equal protection to each person who qualifies under the state’s Domestic Violence Act. A person may qualify as a victim of domestic violence if he or she has been the victim of a predicate act of domestic violence that has been committed by:

• A spouse
• A former spouse
• A present or former household member
• Someone whom the victim has a child in common with
• Someone whom the victim anticipates having a child with (i.e., the abuser or victim is pregnant)
• Someone with whom the victim has previously had a dating relationship

Talk to a Domestic Violence Lawyer Now

If you have been accused of domestic violence in New Jersey, you need to act quickly. A domestic violence conviction can have serious consequences, including prison time, fines, and long-lasting restrictions on your life. Even the accusation of domestic violence can have a significant impact on your life and your relationships.

Contact The Law Office of Jason A. Volet today to schedule a free consultation to learn more about how our firm can help defend you against charges of domestic violence.