Passaic County
Domestic Violence Lawyer
Passaic County Domestic Violence Attorney
If you are facing domestic violence charges in Passaic County, NJ, it’s crucial to have an experienced legal advocate on your side. A Passaic County domestic violence lawyer from our firm can help you navigate the complexities of the legal system, protect your rights, and work toward a fair resolution in your case.
Domestic violence charges are taken very seriously in New Jersey, with far-reaching consequences that can affect your personal and professional life. Whether you are facing accusations of physical or emotional abuse, it’s important to understand your legal options and the potential outcomes of your situation.
That’s why the Law Offices of Robert Tsigler, PLLC, are standing by, ready to defend you against these charges.
Understanding Domestic Violence Charges in NJ
In New Jersey, domestic violence includes a wide range of behaviors, from physical violence to emotional manipulation and harassment. It can involve spouses, domestic partners, cohabitants, or individuals in dating relationships.
Domestic violence charges in NJ often involve several criminal offenses, such as assault, harassment, stalking, and terrorist threats. Each of these charges carries its own set of penalties, including jail time, fines, and a permanent criminal record.
Additionally, these charges can lead to the issuance of a temporary restraining order (TRO), which may restrict your freedom and impact your living situation.
Temporary Restraining Orders in NJ
A temporary restraining order is a court-issued document that prohibits contact between the accused and the alleged victim. It can prevent you from returning to your home, seeing your children, or communicating with your spouse or partner. In some cases, a TRO may also prevent you from accessing your finances or personal property.
A TRO is usually issued after a victim files a complaint with the court, and it is meant to provide immediate protection until a hearing can be held. During this hearing, a judge decides whether the TRO should be converted into a final restraining order (FRO), which can have a more permanent impact on your life.
Defending Against Domestic Violence Charges
Defending against domestic violence charges requires a strategic approach tailored to the specifics of your case. Our lawyers can evaluate the evidence, interview witnesses, and look for inconsistencies in the prosecution’s claims.
In some situations, domestic violence accusations arise from misunderstandings, false allegations, or heated arguments that get out of hand. In these cases, our attorneys can work to demonstrate that the charges are unfounded or that the incident was not as severe as claimed.
Some common defenses used in domestic violence cases include:
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Lack of evidence. The prosecution must present sufficient evidence to prove that domestic violence occurred. If the evidence is weak, unreliable, or inadmissible, our lawyers may be able to have the charges dismissed.
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False allegations. Unfortunately, some individuals may make false domestic violence claims in order to gain leverage in a divorce or child custody dispute. Our lawyers can work to uncover the motive behind any false allegations and present evidence to clear your name.
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Self-defense. If you acted in self-defense during a domestic altercation, our lawyers can argue that your actions were justified. Self-defense claims are particularly relevant if you were trying to protect yourself or someone else from harm.
Potential Penalties for Domestic Violence in NJ
Domestic violence charges in Passaic County carry serious penalties, including jail time, fines, and probation. The exact consequences depend on the nature of the charges and whether any aggravating factors were involved. For example, if the alleged incident involved a weapon or resulted in significant injury, the penalties could be more serious.
In addition to criminal penalties, a conviction can also impact your personal life. You may lose custody of your children, be barred from visiting your home, and be ordered to pay compensation to the victim for medical bills, lost wages, or other damages. Furthermore, a permanent restraining order can stay on your record and limit your ability to move freely.
FAQs About Passaic County Assault Laws
How Can Domestic Violence Charges Be Dropped in NJ?
In New Jersey, domestic violence charges are handled by the state, not the victim. Even if the alleged victim decides to drop all charges, the prosecutor has the final say on whether the state can prosecute you. They may decide to continue pursuing the case if they believe there is sufficient evidence to secure a conviction.
How Long Do You Go to Jail for Domestic Violence in NJ?
The length of jail time for domestic violence in NJ depends on the severity of the charges. A simple assault charge, for example, may result in up to six months in jail, while aggravated assault or other more serious offenses could lead to longer sentences ranging from months to years.
How Much Is Bail for Domestic Violence in NJ?
Bail for domestic violence charges in NJ varies depending on the specifics of the case. Factors such as the severity of the alleged abuse, the accused’s criminal history, and the risk of flight can be considered in setting bail. To set more favorable bail terms, our attorneys can plead your case before the judge and present you in a favorable light; however, if you violate a TRO against you, bail could be revoked.
What Is the Statute of Limitations for Domestic Abuse in NJ?
The statute of limitations for domestic abuse in NJ varies, depending on the type of offense. For many criminal domestic violence charges, for example, assault, the statute of limitations is five years. Certain charges may have different limitations, and civil claims related to domestic violence could have shorter time frames.
If you are facing domestic violence charges in Passaic County, time is of the essence. The Law Offices of Robert Tsigler, PLLC, are ready to plead your case and fight for your rights as we aggressively defend you.
Contact us today to schedule a consultation.
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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 Passaic County Domestic Violence lawyer can successfully defend your case.
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