Newark Domestic Violence Defense Attorney

A woman victim of domestic violence crying in NewarkNew Jersey takes domestic violence incidents seriously. The Prevention of Domestic Violence Act (PDVA) offers broad protection for New Jersey residents facing domestic violence. However, not every domestic violence accusation is true. If you’re facing domestic violence charges, it’s crucial to get help from a skilled Newark domestic violence attorney at William Proetta Criminal Law.

Allegations of domestic violence do not always mean that you’ll be convicted. Domestic violence cases are complex and take an emotional toll. Working with a knowledgeable criminal defense attorney can protect your rights throughout the legal process and give you the best chance of an optimal resolution.

William Proetta Criminal Law has extensive experience defending people against domestic violence allegations in Newark and throughout New Jersey. If you’ve been accused of domestic violence, early legal intervention is the key to seeking a favorable outcome.

Contact our law firm today or call 24/7 at (201) 740-5804 for a free consultation that is entirely confidential. We are ready to review the criminal charges you’re facing, analyze the alleged incident, and outline your best legal options under New Jersey law. You can also visit our law office (by appointment only) at 242 10th Street, Suite 103, Jersey City, NJ 07302.

How Does a Domestic Violence Charge Affect Your Record in Newark?

Being charged with domestic violence in Newark can have life-changing consequences, even if you’re not convicted. These charges can result in jail time and fines, but can also impact your reputation, livelihood, and future opportunities.

Some common consequences of a domestic violence conviction could include:

  • Employment consequences – Employers often conduct background checks. A domestic violence charge, even without jail time, can make it difficult to secure or maintain employment.
  • Housing issues – Landlords may reject rental applications based on criminal history, especially for violent offenses.
  • Child custody and family law consequences – Convictions and restraining orders can limit your custody or visitation rights.
  • Restraining orders – Both temporary and final restraining orders can restrict your movement and access to shared homes. That can prevent you from returning to your home, seeing your children, and visiting places within a specific distance from the protected party.
  • Long-term consequences – If you’re convicted, you may lose your right to possess a firearm. You may also lose your professional licenses (including healthcare, law, and education licenses, for example). Plus, convictions negatively impact your immigration status.

In New Jersey, domestic violence can be charged as a disorderly persons offense (misdemeanor) or an indictable crime (felony). Misdemeanor domestic violence crimes — like simple assault, harassment, and criminal mischief — are punished by up to six months in jail and fines. If convicted, you may be required to undergo counseling. In contrast, indictable crimes like aggravated assault, burglary, or kidnapping can be punished by decades in prison and heavy fines.

An experienced Newark domestic violence attorney can often help reduce or dismiss charges, protect your rights, and handle the complicated legal system.

Who May Make a Domestic Violence Complaint in Newark, NJ?

Domestic violence complaints in Newark fall under the New Jersey PDVA (N.J.S.A. 2C:25-17 et seq.).

A domestic violence complaint can be filed by or on behalf of:

  • Current and former spouses
  • People who currently or previously dated, regardless of how long ago the relationship ended
  • Past and present household members, including roommates
  • Parents of a shared child, regardless of whether they ever lived together or were romantically involved

New Jersey domestic violence laws mandate that police take certain actions when responding to domestic violence calls.

According to N.J.S.A. 2C:25-21, officers must arrest the accused offender if:

  • There are any visible signs of physical harm, or
  • The alleged abuser violated a restraining order, or
  • A weapon was used or threatened, even if there were no injuries

Police are also required to file an incident report and collect witness statements. The alleged victim does not control whether you’re charged in a domestic violence arrest. Once law enforcement makes a criminal complaint, the prosecutor can pursue the case regardless of whether the accuser wants to drop it.

If you are facing allegations of domestic violence crimes in Newark, the best thing you can do is contact our knowledgeable Newark domestic violence lawyer as soon as possible. Our criminal defense lawyer can help protect your rights and prevent escalation.

What Are the Best Defense Strategies for Newark Domestic Violence Charges?

Defense strategies in domestic violence cases will vary, depending on the unique facts of your case.

However, there are some common defenses, such as:

  • Lack of evidence
  • Self-defense
  • Defense of others
  • False allegations
  • Constitutional violations like unlawful searches, lack of probable cause, or coerced statements

Our domestic violence lawyer is ready to review the complaint and evidence against you to determine which defenses may be right for you. If appropriate, we could negotiate for reduced charges or diversionary programs to help avoid convictions and collateral consequences.

How an Experienced Domestic Violence Attorney in Newark Can Help

False accusations of domestic violence and domestic abuse happen and can have extremely serious repercussions. Whether driven by emotion, revenge, or a desire to gain an upper hand in divorce or custody proceedings, false claims can create significant legal and personal chaos for the accused.

Fortunately, our experienced defense attorneys know how to:

  • Challenge inconsistencies in the accuser’s or eyewitness’s statements
  • Conduct investigations to find exculpatory evidence
  • Refute claims with cross-examination and attacking witness credibility
  • Present evidence like texts, emails, call logs, and GPS to contradict the prosecution’s case

The criminal justice system takes perjury and misuse of the legal system seriously, but having an experienced New Jersey domestic violence defense attorney is key.

When you work with William Proetta Criminal Law, we’ll provide immediate, skilled legal guidance. Early intervention can help you avoid making potentially incriminating statements or jeopardizing your case during court appearances.

Each of our clients receives personalized case attention, from tailored defense strategies to guiding you through the legal process. Throughout your case, we’ll keep you informed as to what’s happening and what to expect next.

Our legal team concentrates on providing aggressive, responsive legal representation for every client. Do not risk representing yourself or relying on public defenders. With so much at stake with domestic violence charges, you need a custom defense from a firm with a proven track record of success.

Take Action Now: Speak to an Experienced Criminal Defense Attorney in Newark

William Proetta Criminal Law combines skill, experience, and sharp instincts to defend our clients. We understand the nuances of Newark’s local court systems, and we will leverage our considerable knowledge to fight for you.

The sooner you take action and obtain legal counsel, the better your chances of reducing or dismissing your New Jersey domestic violence charges. Don’t wait to get the legal help you need.

Contact our law offices today or call 24/7 at (201) 740-5804 for a free, confidential consultation.