Domestic Violence
New Jersey Domestic Violence Charges
The New Jersey legislature issued the Prevention of Domestic Violence Act in 1991. The Act provides the victims of domestic violence two types of relief: civil and criminal. A victim of domestic violence can apply for a restraining order and can file criminal charges against the individual.
Definition of a Domestic Violence Offense
New Jersey defines a domestic violence offense as the occurrence of any of the following acts against a person protected under the Prevention of Domestic Violence Act:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
Protected Individuals
The Prevention of Domestic Act protects victims of domestic violence. A domestic violence victim includes the following people:
- Any person age 18 or older
- An emancipated minor who has been subjected to domestic violence by a spouse, former spouse, or any person that is present or a former household member
- Any person who has been subjected to domestic violence by a person with whom the victim has a child in common, anticipated having a child in common, or one of the parties is pregnant
- Any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship
Penalties
A domestic violence offense can lead to criminal charges and civil penalties. A victim of domestic violence or the police can file a criminal complaint against an alleged batterer. A guilty verdict can result in several different punishments, including a fine, probation, and incarceration.
A domestic violence victim can obtain a restraining order against the alleged batterer. A restraining order can require the alleged batterer to obey specific guidelines, such as avoiding in-person, phone, or written contact with the victim, grant custody of common children to the victim, require the payment of support, or order psychiatric treatment of the defendant.
Mark Cintron is a New Jersey criminal lawyer that provides legal assistance to individuals accused of a domestic violence offense in New Jersey. If you have been issued a complaint for domestic violence in Bergen County, Middlesex County, Essex County, Hudson County or Morris County, contact The Cintron Firm for a free consultation.
