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:
- Terroristic threats
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Criminal mischief
- Criminal trespass
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
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.