Bergen County
Domestic Violence
Lawyer
Bergen County Domestic Violence Defense Attorney
Facing domestic violence charges in Bergen County, NJ, is a serious matter that can have long-lasting effects on your personal and professional life. If you are accused of domestic abuse, it is crucial to have an experienced Bergen County domestic violence defense lawyer by your side to defend your rights and navigate the complexities of the legal system.
A conviction can result in severe penalties, including jail time, fines, and even the issuance of a restraining order that limits your access to your home and family.
That’s why the Law Offices of Robert Tsigler, PLLC, is ready to guide you through the legalities and defend your criminal case in court.
Understanding Domestic Violence in New Jersey
Domestic violence in New Jersey refers to a pattern of abusive behavior used by one partner to gain or maintain control over another in a domestic setting. This can include physical harm, threats of violence, harassment, or emotional abuse. Under New Jersey law, domestic violence can occur between spouses, ex-spouses, cohabitants, dating partners, and even individuals with whom the accused has a child.
Charges of domestic abuse can range from harassment and simple assault to more serious crimes, like aggravated assault or kidnapping. Each case is unique, and the penalties for a conviction can vary widely based on the severity of the alleged offense.
Consequences of a Domestic Violence Conviction
A conviction for domestic violence in New Jersey can have far-reaching consequences. In addition to criminal penalties, you may face civil consequences, such as restraining orders and the loss of custody rights. Some of the penalties associated with a domestic violence conviction include:
- Jail Time: The amount of jail time you may face depends on the severity of the charge. Minor offenses, such as harassment, may result in fines or probation, while more serious charges, like aggravated assault, can lead to lengthy prison sentences.
- Fines: Financial penalties can range from a few hundred dollars—for minor charges—to thousands for more serious offenses.
- Restraining Orders: If you are convicted of domestic violence, a court may issue a restraining order, preventing you from having any contact with the victim. This can include restrictions on living arrangements, visitation with children, and even your ability to return to your own home.
- Loss of Employment Opportunities: A domestic violence conviction may appear on your criminal record, making it difficult to find or maintain employment. In certain professions, such as law enforcement or education, a conviction can lead to immediate termination.
- Compensation: In addition to criminal penalties, the victim may seek compensation for medical expenses, lost wages, or other damages arising from the alleged abuse.
Restraining Orders in Domestic Violence Cases
In New Jersey, restraining orders are commonly issued in domestic violence cases to protect the alleged victim from further harm. There are two types of restraining orders:
- Temporary Restraining Order (TRO): A TRO can be issued immediately upon the filing of a domestic violence complaint. It can restrict the accused from contacting the victim or entering certain locations.
- Final Restraining Order (FRO): After a hearing, a court may issue an FRO if it finds that domestic violence occurred. This order can last indefinitely and impose long-term restrictions on the accused.
The Importance of Legal Representation
Domestic violence cases are complex and emotionally charged, often involving conflicting testimony from both parties. The consequences of a conviction can impact your freedom, finances, and family relationships.
It is critical to work with an experienced criminal defense attorney who understands New Jersey’s domestic violence laws and can advocate for your rights. Your lawyer can gather evidence, interview witnesses, and build a defense tailored to the specifics of your case.
If you are facing allegations of domestic violence, do not wait to seek legal assistance. The Law Offices of Robert Tsigler, PLLC, is an experienced team of domestic violence defense lawyers in Bergen County, and we are ready to begin preparing your defense.
FAQs About Bergen County, NJ Domestic Violence Defense Laws
Which Defense Is Frequently Used in Domestic Violence Cases?
A good defense begins with a good investigation. Your lawyer can examine the evidence, go over witness statements, and build the case from there. Some defenses include self-defense, false accusations, and insufficient evidence. It is the defense attorney’s job to cast doubt on the prosecution’s evidence, as the prosecution has the burden of proof.
How Do I Drop Domestic Violence Charges in NJ?
In New Jersey, once a domestic violence charge is filed, the decision to drop the charges is generally up to the prosecutor, not the victim. Even if the alleged victim wants to withdraw their statement or drop the case, the prosecutor may proceed with the charges if they believe there is enough evidence to secure a conviction. An attorney can negotiate with the prosecutor and work toward a favorable outcome.
How Long Do You Go to Jail for Domestic Violence in NJ?
The length of jail time for a domestic violence conviction depends on the severity of the charges. For minor offenses, such as harassment or simple assault, penalties may include fines or probation rather than jail time. However, more serious charges, like aggravated assault, can lead to significant prison sentences, potentially ranging from several months to years. It is essential to work with a defense lawyer to minimize the impact on your freedom.
What Is the Statute of Limitations on Domestic Violence in New Jersey?
In New Jersey, the statute of limitations for filing domestic violence charges varies depending on the type of offense. For most misdemeanors (disorderly persons offenses), the statute of limitations is one year. For felony-level charges, such as aggravated assault, the statute of limitations is generally five years. However, it is important to note that if a restraining order is involved, the timelines for certain legal actions may differ.
Contact a Bergen County Domestic Violence Defense Attorney
If you are facing domestic violence charges in Bergen County, NJ, it’s critical to take action immediately. The legal process can be daunting, but having a knowledgeable attorney by your side can make all the difference.
With the potential for serious criminal penalties and lasting effects on your personal life, you need the Law Offices of Robert Tsigler, PLLC, to fight for your rights.
Contact us today to schedule a consultation. We can discuss your case and explore your legal options.
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As domestic violence cases rise, the amount of false accusations do too. Males are usually the targets of false allegations from significant others. It’s hard to say why an accuser would falsely accuse you. There can be numerous motivations, such as doing it out of spite, desire for monetary reward in a divorce settlement, receiving full custody of a child, or more.
Regardless of why you are being falsely accused, our NYC domestic violence attorneys can help. We have a great track record when it comes to DV cases, and can help highlight any contradictions in the prosecution’s case as evidence of a false accusation.
In New York, both the family courts and the criminal courts have concurrent jurisdiction over domestic violence cases. Those offenses are broken down into four basic sections in the New York Penal Code. Those are assault in Sections 120-120.12, menacing in Sections 120.13 to 120.15, stalking in Sections 120-145-160 and strangulation in Sections 121.11 to 121.14.
The New York Unified Court System uses a broad generic definition for what constitutes domestic violence. It consists of a an instance or pattern of coercive behavior that might include physical, sexual, psychological, economic and emotional behavior by one person against an adult or child family member or intimate partner coupled with the goal of establishing and maintaining power and control over the victim. The alleged victim need not be a present or past intimate partner of the accused either. The courts also recognize the rights of family members and roommates sharing a residence.
If a police officer responds to a call and has a reasonable belief that either felony or misdemeanor domestic violence has occurred, New York requires the immediate arrest of the suspect. Along with potential incarceration, such a conviction can impact any professional licenses that a person might have. Individuals who are conditional or permanent residents of the United States should be aware of the fact that a domestic violence conviction can also impact their ability to remain in the country.
A person commits an assault when he or she causes physical harm to another person. The intent to commit physical harm or injury isn’t an element of the offense. For example, hitting a spouse, intimate partner, a child or other family member constitutes a domestic assault. There are different levels of assault ranging from misdemeanors to felonies.
The crime of menacing involves threatening a person with physical harm so that the victim is in fear of actual physical injury. It consists of the threat and resulting reasonable fear of an actual physical assault. The threat must be accompanied by a physical act, and the intended victim is required to be aware of the threat.
If you follow a boyfriend, girlfriend, ex-boyfriend, ex-girlfriend or present or former intimate partner around, or you communicate with that individual in a manner that triggers their reasonable fear for their own safety, you’ve committed the crime of stalking. There are four degrees of the crime. Stalking in the first degree is a felony.
If one individual grabs another person by the neck, he or she can be charged with strangulation. The crime involves interfering with the breathing or blood circulation of another person. Second degree strangulation occurs when interference with breathing or blood circulation causes the victim to become faint, lose consciousness or suffer a physical injury. First degree strangulation is charged if the victim suffers a serious injury.
If you’re charged with a crime of domestic violence in New York, one of the first steps that a court will take will be the issuance of an order of protection in favor of the alleged victim and against you. The purpose of such an order is to protect the alleged victim from further threats, harassment, intimidation or physical harm. The protection authorized by such an order can be broad. It might provide for no direct or indirect communication with the victim or other protected persons, remaining a certain distance from him or her, moving out of any shared residence with the victim or even surrendering any firearms that you might possess.
If you’ve been taken into custody on allegations of domestic violence in any of New York’s boroughs, don’t give a statement or confession of any kind. They’ll only be used against you. Immediately invoke your right to an attorney. Contact the Law Offices of Robert Tsigler, PLLC at 718-878-3871 to arrange for a consultation and case review. There are two sides to every domestic violence case, and we’ll listen to your side of the story carefully. After that, we’ll answer your questions and advise you of your complete range of legal choices. Call us right away after any domestic violence arrest.
The Domestic Violence Law firm of Robert Tsigler, PLLC is Ready to Fight for You!
Getting representation as soon as possible following any Domestic Violence -related charge is the best way to promote a positive result from a subsequent trial. These charges are considered very serious and can result in expensive fines, the loss of driving privileges or professional licenses, and even incarceration. Only an experienced Bergen County Domestic Violence lawyer can successfully defend your case.
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