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How Can I Defend Against Domestic Violence Charges?

On Behalf of | Aug 7, 2024 | Blog

New Jersey courts take any allegation of domestic violence extremely seriously. A law enforcement officer who responds to a complaint of domestic abuse is required to arrest the suspect if the person who made the complaint shows any signs of injuries. Restraining orders and criminal charges will follow quickly after. If you have been falsely accused it is important to defend yourself against your domestic violence charges. At the Law Office of Gregory E. Cannarozzi, we understand the delicate and serious nature of an accusation of this magnitude. A Bergen County, New Jersey domestic violence defense lawyer can guide you through the legal process and help you build an effective defensive strategy. Contact an experienced attorney today.

What is Domestic Violence?

Domestic violence is any type of physical, emotional, sexual, financial, or other abuse that occurs between two members of a domestic relationship. Whether the individuals are spouses, former romantic partners, parent and child, etc., any abuse between the parties can be classified as domestic violence.

How Can A Lawyer Help Me Defend Domestic Violence Charges?

The most important ways that your legal team will help you defend against these false charges is by:

  • Preventing or lifting a restraining order
  • Developing a defense strategy
  • Negotiating and representing on your behalf

Restraining orders can pose a significant threat to your life. If a temporary restraining order is placed your lawyer can work to have it lifted by disproving the claims your accuser has made. Additionally, they can gather information to prove that a permanent restraining order is unnecessary. Having a restraining order against you can mean you have to pay fines, be fingerprinted, and be placed on a domestic violence registry. Having your lawyer help can be beneficial in preventing these things from occurring.

One of the most important things your attorney will help with is creating your defense. Whether you are arguing that the violence never occurred or claiming that it was an act of self-defense, your lawyer will evaluate the details of the situation and gather evidence to build a strong case.

After gathering evidence and assessing information from your accuser and their legal team, your attorney can negotiate with the prosecution in an attempt to reduce or dismiss your charges. Even if negotiations are unsuccessful your attorney will represent you when the case goes to trial. Your lawyer will be your biggest advocate and present the evidence and your defensive strategy to ensure you can avoid criminal charges.

What Are the Penalties for Domestic Violence in NJ?

Being convicted of domestic violence can mean probation, significant fines, anger management courses, and prison time. The standard prison sentences for each degree of crime are as follows.

  • Fourth degree: up to 18 months
  • Third degree: 3 to 5 years
  • Second degree: 5 to 10 years
  • First degree: up to 20 years

To avoid these lengthy imprisonment times and the associated penalties, work with a skilled criminal defense lawyer to build a strong case against your false accusations.

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