What Constitutes Domestic Violence Under the Law?
When you think of domestic violence, your first thought may be a man hitting his wife or girlfriend. While this is a typical example, this is not the only one. Domestic violence is a pattern of physical, emotional, verbal, and sexual abuse. It can include threats, intimidation, isolation, and/or financial control. Domestic violence often becomes more frequent and more severe over time.
Domestic violence is typically a crime that occurs in heated situations. However, it is not usually a one-time offense. It is often an ongoing cycle of behavior that can lead to extensive injuries to the victim as well as criminal charges for the defendant.
An individual charged with domestic violence may face a range of penalties, including a criminal record with felony or disorderly person charges, potential jail time, community service, and more. They might also lose the right to own and/or possess a firearm. They could also have a restraining order against them and even be sued in civil court by the victim.
What the Law Says
Domestic violence is a broad term under New Jersey law. Under the Prevention of Domestic Violence Act (PDVA) of 1991, domestic violence encompasses the following crimes:
- Homicide
- Assault
- Kidnapping
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Burglary
- Robbery
- Criminal trespass
- Harassment
- Stalking
- Criminal mischief
- Criminal restraint
- Criminal coercion
- Terroristic threats
- Contempt
- Cyber-harassment
- Any other crime involving risk of death or serious bodily injury to a person protected under the “Prevention of Domestic Violence Act of 1991.”
However, it’s essential to understand that not every situation in the above categories is, in fact, domestic violence. Another criterion for domestic violence is that there has to be a particular relationship between the parties involved. They cannot be strangers or acquaintances. They must be a spouse, former spouse, or any other person who is a present household member or was at any time a household member. This means they could have lived together, dated, or had a child together at some point, whether in the present or past.
Also, gender is not a factor. The victim or defendant may be male or female. However, the defendant must be at least 18 years old to be charged with domestic violence.
Domestic Violence Penalties
A domestic violence charge can be a felony or disorderly person’s offense. A person can face felony domestic violence charges in aggravated situations, such as using a weapon, sexual assault, or aggravated assault. The difference between aggravated assault and simple assault is that aggravated assault is that there is a weapon, serious bodily injury, significant bodily injury, strangulation, and an attempt at any of the above.
Felony domestic violence charges can carry severe penalties depending on the degree of charge:
- Fourth degree: Up to 18 months in prison
- Third degree: 3 to 5 years in prison
- Second degree: 5 to 10 years in prison
- First degree: Up to 20 years in prison
Contact a New Jersey Criminal Defense Lawyer Today
Domestic violence is not a minor crime. Depending on the situation, a person can face many years in prison for such a conviction.
At The Law Offices of Melissa Rosenblum, LLC, our criminal defense lawyer can assist you with your charges. Put us in your corner. We know what you’re going through and are here to defend you. Call us today at (609) 904-6262 to schedule a consultation.