New Jersey courts take allegations of domestic violence very seriously. A domestic violence conviction can result in jail time, fines, loss of child custody, and can have a serious impact on your personal and professional life. Contact New Jersey domestic violence defense lawyer Jason A. Volet today.
We understand how serious domestic violence allegations can be, and we are prepared to help you understand your rights and prepare a strong defense for the accusations you are facing.
Every individual has the right to defend himself or herself against criminal accusations, and domestic violence claims are no exception.
If you have been charged with any of the crimes listed below, it is recommended that you speak with an experienced domestic violence lawyer about your case:
- Domestic Assault
- Domestic Battery
- Endangering the Welfare of a Child
- Restraining Orders
When you have been accused of a domestic violence offense, it is extremely important to reach out to our New Jersey domestic violence defense attorney as soon as possible.
What Crimes are Considered Domestic Violence Offenses in New Jersey?
As the New Jersey State Police website explains, domestic violence is usually defined generally 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 is not limited to physical violence. It can include allegations of “physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.”
Given that the definition of domestic violence-related behaviors tends to be broad, it is possible to be wrongly accused of a domestic violence offense. Review how to prove innocence in domestic violence cases for you.
New Jersey’s Prevention of Domestic Violence Act of 1991 clarifies that any of the following crimes can be considered domestic violence offenses under the law:
- Homicide (N.J.S.A. 2C:11-1)
- Assault (N.J.S.A. 2C:12-1)
- Terroristic threats (N.J.S.A. 2C:12-3)
- Stalking (N.J.S.A. 2C:12-10)
- Kidnapping (N.J.S.A. 2C:13-1)
- Criminal restraint (N.J.S.A. 2C:13-2)
- False imprisonment (N.J.S.A. 2C:13-3)
- Sexual assault (N.J.S.A. 2C:14-2)
- Criminal sexual contact (N.J.S.A. 2C:14-3)
- Lewdness (N.J.S.A. 2C:14-4)
- Criminal mischief (N.J.S.A. 2C:17-3)
- Burglary (N.J.S.A. 2C:18-2)
- Criminal trespass (N.J.S.A. 2C:18-3)
- Harassment (N.J.S.A. 2C:33-4)
These include extremely serious offenses. If you are being investigated for a domestic violence crime or have been charged with a domestic violence offense, you should discuss your defense with a New Jersey criminal defense lawyer as soon as possible.
What Happens if the “Victim” Wants to Drop the Charges?
A common misconception is that the alleged victim can simply “drop” domestic violence charges in New Jersey. In reality, the State of New Jersey prosecutes these cases. Once an arrest is made, the prosecutor decides whether to move forward, even if the accuser recants or refuses to cooperate. Because they can rely on 911 calls, police body cams, and medical records, you need an aggressive defense strategy regardless of what your spouse or partner wants.
Defending Against False Allegations of Domestic Violence
Unfortunately, false domestic violence charges are sometimes used to gain an unfair advantage during a bitter divorce or child custody dispute. When you are wrongly accused of domestic violence, your entire reputation is on the line. As a former Monmouth County prosecutor, Jason Volet knows how to cross-examine accusers, expose inconsistencies in their stories, and subpoena digital evidence—like text messages and emails—to reveal the truth and fight for a complete dismissal.
TRO vs. FRO (Temporary vs. Final Restraining Orders)
The restraining order process moves incredibly fast. A Temporary Restraining Order (TRO) is often issued without you even being present. However, a Final Restraining Order (FRO) hearing typically occurs within 10 days. If an FRO is granted, it is permanent in New Jersey. It never expires, and it subjects you to being fingerprinted and placed in the domestic violence registry. You must have a defense lawyer ready for that critical 10-day window.
How a Domestic Violence Charge Affects Gun Rights in NJ
New Jersey has strict laws regarding firearms and domestic abuse. If a temporary restraining order is issued against you, police will immediately confiscate any weapons you own, as well as your Firearms Purchaser Identification Card (FPIC). A conviction for a domestic violence offense, or the issuance of a Final Restraining Order, will result in a permanent, lifetime ban on your right to purchase or possess a firearm under both state and federal law.
Impact on Child Custody and Divorce
A domestic violence charge can instantly upend your parental rights. A temporary restraining order usually grants exclusive occupancy of the shared home to the accuser, meaning you can be locked out of your own house. Furthermore, New Jersey family courts take these allegations very seriously; a conviction or an FRO can result in suspended parenting time, mandated supervised visitation, and can severely impact any ongoing child custody negotiations.
The New Jersey Domestic Violence Registry
Many people do not realize the hidden, long-term consequences of a Final Restraining Order. If an FRO is issued, your name, fingerprints, and photograph are entered into the New Jersey Domestic Violence Central Registry. This database is visible to law enforcement and court personnel. While it is not a traditional criminal record, this civil penalty can severely impact military careers, professional licensing, and certain employment opportunities for the rest of your life.
Contact New Jersey criminal defense attorney Jason A. Volet today.
