Domestic Violence

April 15, 2008 at 7:45 am | In New Jersey Lawyer News | Leave a Comment
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We have all heard the term domestic violence at some time or another. What does it mean? What are your rights if you are a victim of domestic violence? What can happen if you are accused of domestic violence? This article in intended as a brief overview of the rights of a victim of domestic violence and the criminal and civil ramifications for those found guilty of committing an act of domestic violence.

Essentially domestic violence means an act inflicted upon a person protected by the domestic violence by an adult. The act sets forth 14 occurrences which constitute domestic violence. The most common acts include: assault, criminal restraint, criminal mischief, stalking and harassment. To be a victim of domestic violence, you must be 18 years of age or older and be either a spouse, former spouse or any other person who is a present or former household member. Additionally it includes all persons who have a child or are expecting a child together and all persons who have had a dating relationship.

Typically what happens is that an alleged victim or a person who has observed or over heard an argument calls the local police. Under the law when a person claims to be a victim of domestic violence, and where a law enforcement officer responding to the incident finds probable cause to believe that domestic violence has occurred must arrest the person accused of committing the act if the victim exhibits signs of injury or if a weapon was involved. A person exhibits signs of injury can literally mean any mark on the victims body or even a complaint of pain. If there are no visible signs of injury and no weapon was used the police may arrest the person and sign a complaint.

What happens once a person is arrested and a complaint has been issued for domestic violence. Initially a municipal or superior court judge is contacted usually telephonically. He or she will listen to the responding police officer and determine if a temporary restraining order shall be issued. The restraining order may include things such as prohibiting the accused from contacting you in any manner and from coming to your home or place of business or not having any contact with the children. There are a number of other provisions that the judge may impose. A copy of the restraining order is than served upon the accused. A hearing will than be scheduled shortly thereafter to determine whether a final restraining order shall be issued. The hearing is before a family court judge.

In addition to any proceeding involving a restraining order, the accused will also be facing criminal or quasi criminal charges in either superior or municipal court. It is here where a judge depending on the nature of the offense has the power to fine and incarcerate anyone found guilty of the underlying offense constituting the act of domestic violence.

Any person who is either a victim or accused in a domestic violence case would be well served retaining the service of an attorney knowledgeable in this field.

This article is not intended as a substitute for a consultation with an attorney. The article is intended for general informational purposes. The facts and circumstances of every case are unique. Anyone wishing to have a free consultation may contact our office at 732-617-8050.

IF YOUR CHILD IS ARRESTED ITS NOT KID STUFF

April 15, 2008 at 7:16 am | In New Jersey Lawyer News | Leave a Comment
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Should kids who commit crimes be punished or rehabilitated? The American justice system swings back and forth, at times believing we can stop juvenile crime by educating children and addressing their social conditions and other times believing that children are no different then adults and must be punished and scared into following the law. Today the Juvenile Courts attempt to do both.

The Juvenile Justice System
The Juvenile Justice system handles all young persons under the age of 18 who commit an offense, whether its throwing eggs at a house or robbing someone at gunpoint. There are many different avenues a case can take depending on the age of the juvenile, seriousness of the alleged offense, and prior record of the juvenile.

The First Level – JCC
If the offense is minor and the juvenile is young and has few prior offenses the case will be heard by the Juvenile Conference Committee (JCC) at an informal hearing. Guilt or innocence is not the focus, as the Conferences goal is early intervention with the intent to educate the child and their family. Often the child will be ordered to perform Community Service, tour a juvenile jail and / or write an essay explaining what they did wrong and why it was wrong. If they complete everything that is required the charge will be dismissed.

The Second Level – Juvenile Court
If the crime is more serious, such as possession of drugs or assault, the juvenile goes before the juvenile court. Juvenile Court is separate from Criminal Court and is instead part of the Family Division. Unlike criminal court, juvenile proceedings are closed to the public and there are no juries to return indictments or decide trials. Everything is decided by the Judge. Despite these informalities, the potential consequences for a juvenile offender are serious. A juvenile faces up to three years probation and four years in a juvenile jail. Therefore, all juveniles must be represented by an attorney.

The judge has a tremendous amount of discretion and alternatives when sentencing a juvenile which is why representation by an experienced juvenile attorney is so important. In addition to probation or jail a judge with the input of the juveniles family through counsel will determine what restrictions and programs will help modify the childs behavior. A judge may impose a curfew, require family rules to be followed, order random drug testing, and require attendance at school. In more serious cases, the judge with the help of the Juvenile Justice Committee (JJC) and DYFS can order drug and psychiatric counseling, attendance at alternative schools, day and residential programs. For parents who feel they have lost control of their children, the system can be a wonderful tool if used properly. Perhaps most importantly, the court has discretion to offer a child the chance to have the charges dismissed if they successfully complete all of the courts requirements.

The Third Level – Waiver Into Adult Court
Occasionally, the county prosecutor determines that the crime the juvenile is accused of committing is too serious to be dealt with by the juvenile court. The prosecutor can request the juvenile judge to place the child under the jurisdiction of the criminal court and be tried as an adult. The juvenile judge will hold a two part hearing and at its conclusion decide whether or not to grant the prosecutor motion to treat the child as an adult in addressing the charges. The outcome of any of these avenues in the juvenile justice system will clearly have an everlasting impact on a child life. For most juveniles simply going before a judge and understanding the real consequences of their action is enough to curb their bad behavior. For others, counseling and programs can aid a parent who needs to re-establish authority over their defiant child. Undeniably, the most important thing we can do as parents, attorneys and judges is to catch our community children quickly before the system decides punishment is the only answer.
This article is intended to provide general advice only. It is not intendd to take the place of a consultation.

Nicole Sonnenblick is an attorney at the law firm of Shapiro & Sternlieb, LLC, with offices in Freehold, Manalapan, and Eatontown, New Jersey. Ms. Sonnenblick is a former a ssistant Monmouth County Prosecutor who concentrates her practice on representing individuals accused of crimes, including juveniles. You may contact her with your questions at 732-617-8050 .

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