New Brunswick Domestic Violence Lawyer
New Jersey attorney advocates for individuals accused of abusing someone they know
If you allowed your emotions to take over and made threats or attempts to physically harm another person, or a bystander to your argument called the police unnecessarily, you will most likely be charged with domestic violence. This situation often requires a legal fight on two fronts: against criminal counts and restrictions imposed by civil restraining orders. You also might be dealing with the stigma that commonly attaches in these matters, damaging your reputation among friends, neighbors and professional colleagues. If you find yourself in this situation, The Law Offices of Eric B. Morrell is ready to help. As a New Brunswick domestic violence lawyer, I have ample experience skillfully handling cases where clients are accused of mistreatment by relationship partners. From start to finish, I will press to overcome prejudices within the legal system and advocate for an appropriate resolution.
What constitutes domestic violence in New Jersey?
In New Jersey, domestic violence is defined under the Prevention of Domestic Violence Act, as specific criminal acts committed against a person with whom the accused has a defined relationship, such as:
- Spouse
- Former spouse
- Household member
- Present or former dating partner
- Co-parent
Covered acts include assault, harassment, terroristic threats, stalking, sexual assault, criminal mischief and false imprisonment. The law protects victims regardless of gender, focusing on the relationship and nature of the act.
Types of domestic violence charges in New Jersey
Domestic violence charges in New Jersey vary by severity and underlying offense. Examples include:
- Simple assault — A disorderly persons offense (misdemeanor) involving minor bodily injury is punishable by up to six months in jail and a $1,000 fine.
- Aggravated assault — A second- to fourth-degree indictable offense (felony) that involves serious injury or weapons carries a potential sentence of 18 months to seven years in prison and fines ranging from $15,000 to $150,000.
- Harassment — A petty disorderly persons offense, which includes threatening communication or conduct, can be punished by up to 30 days in jail.
- Stalking — A fourth-degree or third-degree crime that may lead to 18 months to 5 years in prison.
- Criminal mischief — Acts such as property damage range from disorderly persons to third-degree offenses with fines up to $15,000.
These are serious charges that can derail your life. As an experienced Middlesex criminal defense attorney serving clients across Central Jersey, I know how to counter the allegations in these often emotionally volatile cases.
False allegations of domestic violence
Many domestic violence charges arise from false allegations, often motivated by personal acrimony, custody battles or revenge. Accusers may exaggerate or fabricate incidents to gain leverage in divorce or custody proceedings. New Jersey courts take allegations seriously, but defendants can challenge false claims by demonstrating inconsistencies in the accuser’s story, lack of physical evidence or ulterior motives. From the very start, I will investigate witness credibility, seek production of texts and other communications and develop a sound strategy to counter false accusations.
NJ Protective Orders and Restraining Orders
Under the PDVA, victims of domestic violence can seek a Temporary Restraining Order (TRO), issued by a judge based on purported immediate danger, even with a response from the alleged abuser. A TRO may prohibit contact, remove the accused from a shared home or restrict access to children. Within 10 days, the court holds a hearing to determine whether to issue a Final Restraining Order. The FRO can be permanent and includes similar restrictions. Violating a TRO or FRO is a criminal offense, punishable by up to 18 months in jail and a $10,000 fine. My firm can challenge one of these orders by disputing the underlying allegations or noting procedural errors.
Defending against a domestic violence charge
Defending domestic violence charges requires tailored strategies. Common defenses include:
- Lack of intent, such as accidental contact in assault cases
- Self-defense when force is justified to protect oneself
- Insufficient evidence, such as the absence of injury or corroborating testimony
Challenging false allegations usually involves presenting exculpatory evidence, like text messages or alibis. Procedural defenses may include improper police conduct or lack of jurisdiction. In restraining order hearings, attorneys can cross-examine the accuser to expose inconsistencies. A Pre-Trial Intervention program might also help avoid a conviction.
Contact a New Brunswick defense lawyer regarding a domestic violence case
If you have been accused of domestic violence, it is critical to retain a qualified New Jersey defense attorney who has the knowledge and experience to defend your liberty and your reputation. Call the Law Offices of Eric B. Morrell today at 908-768-3837 or contact me online to set up a consultation at my New Brunswick office.
