State law takes a no-tolerance approach to domestic violence allegations. When police arrive on a scene and a person alleges domestic violence and shows injuries, they will arrest the alleged offender. They even have the discretion to arrest an offender without evidence of physical harm.
Regardless of whether the allegations of abuse are true, an arrest can begin a spiral that can derail your life. Because penalties for domestic violence are severe, you should work with a knowledgeable criminal defense attorney who can be your voice in court. A Piscataway domestic violence lawyer can help you navigate this new landscape and craft the most effective defense strategy.
In some instances, domestic violence is a mandatory arrest. When there are visible injuries when police officers arrive, they will arrest the offender on the scene. If there appear to be two people who engaged in the fight equally, the police may arrest them and leave it to the justice system to sort out the truth. As a result, even domestic violence victims could be defendants in domestic violence cases.
Often, an arrest leads to the court issuing a temporary restraining order. A temporary restraining order impacts the defendant’s rights without a hearing on the merits of the case. The court must allow the defendant to defend against the allegations of domestic violence.
A temporary protective order can require a defendant to stay away from the accuser, any children they share, and the home the alleged victim lives in. If the two share a home, the defendant may have to leave the home until the hearing to determine if the temporary protective order will become long-term. Additional terms may include making mortgage or rent payments and giving up firearms.
In addition to domestic violence charges, the police may include different charges. Criminal charges that often accompany domestic violence charges include assault, stalking, harassment, sexual assault, kidnapping, or attempted murder. Depending on the nature of the allegations against a defendant, the potential sentence could be many years in jail. Even if a defendant is only facing domestic violence charges, they need to consult with an attorney in Piscataway as soon as possible.
Additionally, jail terms for domestic violence offenders can be harmful to the family unit because most families depend on two incomes. Putting a breadwinner in jail can have a devastating financial impact on the family, especially if a breadwinner is unable to get another job after a domestic violence conviction.
When a defendant has committed domestic violence, one of the strategies a Piscataway domestic violence lawyer may suggest is deferred disposition. Deferred disposition requires a guilty plea and a sentence, which the court sets aside. They place the defendant on probation for a set period and require them to complete probation conditions. Upon successful completion, the state dismisses the charges. In domestic violence cases, deferred disposition could require battering intervention programs, anger management, substance abuse treatment, psychological evaluations and treatment, and counseling.
The consequences of a domestic violence conviction extend well beyond criminal punishments. Even if a conviction has a minor punishment, it can impact civil decisions, including custody, firearms ownership, and eligibility for employment. This not only negatively impacts a defendant but can also have a devastating impact on the whole family.
If you are charged with domestic violence, it is critical to get help as soon as possible. Jennifer Marshall has practiced law for over sixteen years and can be your one-two punch in the courtroom.
Schedule a consultation with a Piscataway domestic violence lawyer to begin discussing defense strategies.