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New Jersey Domestic Violence Attorney

Police and prosecutors in New Jersey take domestic violence matters seriously. They aggressively pursue convictions in these cases. If you have been charged with a domestic violence-related offense, you must act quickly to protect your rights. If you are convicted, you could face consequences that affect your finances, your freedom, your family, and your future.

At William Proetta Criminal Law, our New Jersey domestic violence attorneys have the knowledge and resources to develop a smart, strong defense on your behalf. We will give you the personalized attention that you need during this tough time.

Call or reach us online today to get started with a free consultation. We have a long track record of success representing people in domestic violence cases in Union, Hudson, Ocean, and Middlesex counties, as well as throughout New Jersey. We will be ready to stand up and fight for you.

Here’s What You Need to Know About Domestic Violence and Mandatory Arrest in N.J.

Law enforcement officers in New Jersey are required to take alleged perpetrators of domestic violence into custody if:

  • The victim appears to have been injured by an act of domestic violence.
  • A restraining order has been violated.
  • A weapon was used to perpetrate an act of domestic violence.
  • There is a warrant out for the perpetrator’s arrest.

If the victim does not appear to be injured but states that they have been injured, law enforcement officers will need to evaluate other factors to discern whether they have probable cause to take the alleged perpetrator into custody.

If law enforcement officers are called to the scene of a domestic violence incident, and both individuals involved appear to be injured, then they will attempt to identify the perpetrator by comparing the injuries suffered by each party and determining whether there is a history of domestic violence between the two individuals.

What Are the Common Charges Related to Domestic Violence?

Some of the most common domestic violence charges our clients face include:

List Crime
Domestic assault

Assault occurs when someone attempts to cause bodily injury to another person. For example, if someone tries to hit their partner or someone in their household, that would constitute domestic assault. Domestic assault can also occur with a deadly weapon.

List Crime
Endangering the welfare of a child

Common examples of child endangerment and abuse include causing physical injury to a child, sexually abusing a child, abandonment, malnutrition, and putting children at risk of dying. Many other types of parental misconduct could also lead to child endangerment.

List Crime
Stalking

In New Jersey, you could be charged with stalking if you maintain physical and/or virtual proximity to a person against their will. Stalking can occur directly, indirectly, or even through a third-party. Common examples of stalking include following someone, keeping an individual under surveillance or tracking them, repeatedly harassing someone, regularly threatening a person verbally or through written communication, and other types of harassment.

List Crime
Kidnapping

Kidnapping occurs when someone takes a victim to another location by force, using threats or by deceiving the victim. A person can also be kidnapped if the kidnapper holds them hostage or for the purpose of collecting a ransom.

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Sexual assault

This offense occurs when someone sexually penetrates another person by force. Sexual assault can occur if a perpetrator physically takes control of the victim, with or without a weapon, though it can also happen if the victim simply has not fully consented to the sexual act.

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False imprisonment

A person can be found guilty of false imprisonment if they keep someone in a specific place and prevent them from leaving. The victim does not have to suffer injuries or be at risk of injury for authorities to bring a false imprisonment charge against someone.

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Criminal restraint

Criminal restraint is a more serious form of false imprisonment. Unlike false imprisonment, criminal restraint includes the risk of bodily harm to the victim.

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Lewdness

This offense involves performing indecent acts in public, flashing private parts, having sex in public, and even urinating in a public space. If it is reasonable to assume that a minor under the age of 13 or a mentally disabled person might witness the act, the perpetrator can be charged with lewdness.

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Criminal sexual contact

This crime occurs when a person makes sexual contact with someone else through force or coercion.

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Criminal trespassing

Entering someone else’s property without first gaining the permission of the landowner is against the law in New Jersey.

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Burglary

This occurs when a person enters someone else’s property with the goal of committing a crime such as theft. While it is typically a third-degree offense, it can be upgraded to a second-degree offense if it involves an attempt to inflict bodily injury or use of a deadly weapon.

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Harassment

Physical contact with someone in an offensive manner such as kicking or shoving can amount to harassment. It can also include threats of violence, verbal harassment such as frequent threatening phone calls, and other conduct that is meant to irritate or alarm someone.

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Restraining orders

Domestic violence is one of the most common reasons why restraining orders are issued. If you were served with a restraining order, contact William Proetta Criminal Law to discuss your legal options.

Whatever domestic violence-related charges you are facing, the penalties can be steep. To present the most vigorous defense, you need to consult and strategize with an experienced New Jersey domestic violence lawyer.