New Jersey Attorneys

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.