Pennington NJ Domestic Violence Lawyer
According to the most recent N.J. Attorney General’s report on domestic violence, the number of domestic violence incidents in Pennington stayed the same from the years to 2014 to 2015. Even in the small Borough of Pennington that is less than 1 square mile, domestic violence is an issue. Indeed, domestic violence is not typical in only one type of neighborhood. It occurs in all regions, and spans all financial demographics. In addition, unlike other crimes, a domestic violence incident has many complicated emotions, motivations, and personal relationships behind it. So, if domestic violence is alleged, there are complicated circumstances that need to be evaluated. If you have been charged with a domestic violence offense, or if you are subject to a temporary restraining order (TRO), you need to get a lawyer. The Law Offices of Jonathan F. Marshall are experts in handling domestic violence matters, having done so for decades. Call us at (609) 683-8102 so you can speak to a Marshall Firm attorney about your case. The first consultation with an attorney is completely free. We are available around the clock to speak with you.Domestic Violence Offense in Pennington New Jersey
In 1991, the New Jersey Legislature crafted the Prevention of Domestic Violence Act, and codified it at N.J.S.A. 2C:25-19. The reason for the Act was to put special emphasis on the issue of domestic violence. Rather than police simply charging a spouse or significant other with assault for assaultive conduct, the Legislature made the determination that crimes that occur in the home should be given special significance as “domestic violence offenses,” and penalties are perhaps enhanced because a crime occurred between those with a domestic relationship. Accordingly, penalties may be enhanced for a domestic violence crime, and the restraining order process was developed with an eye towards addressing a domestic dispute.
The types of relationships covered by the Domestic Violence Act. What makes a crime one of “domestic violence” is based on the parties to the offense. Specifically, a “victim of domestic violence” includes someone over 18 and subjected to domestic violence by:
- A spouse
- A former spouse
- Any other person who is a present household member or was at any time a household member
- A person with whom the victim has a child in common
- A person with whom the victim has a dating relationship.
The types of crimes that fall under “domestic violence.” The term “domestic violence” means the occurrence of one or more of the following acts inflicted upon a person who is a “victim of domestic violence,” as listed above.
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
- Criminal Coercion
- Any other crime involving the risk of death or serious bodily injury
Significance of domestic violence designation on penalties. To get a general sense of the penalties involved in a domestic violence offense, it is helpful to understand the penalties associated with the underlying offense (such as Harassment or Stalking). However, there are instances when the “domestic violence” designation adds to the penalty. Consult with your attorney on any details regarding specific potential sentences. One of the main results of a crime being deemed a domestic violence matter is the availability of a restraining order against the alleged perpetrator.
Restraining Orders. Temporary or permanent restraining orders are a common part of a domestic violence case. It is important to remember that a restraining order violation is considered by the court to be an additional criminal offense, and a second violation leads to mandatory jail time. Restraining orders must be followed, or else the consequences are serious. That is why you need an experience domestic violence attorney to guide you through the litigation process, and help you remain free of any TRO violations.Pennington Domestic Violence Lawyers
Domestic violence cases are typically complicated and filled with emotional energy. The best thing you can do if you are accused in a domestic violence matter is get the help of an experienced attorney. We at The Law Offices of Jonathan F. Marshall are able to serve as a guide to you in litigation, and assist you with minimizing the emotional energy connected to the case. Call us at (609) 683-8102 for a free initial consultation. Get help through this difficult ordeal, call today.