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What are the Potential Legal Consequences of a Domestic Violence Charge?

When you think of domestic violence, you may think of physical abuse that happens in the heat of the moment involving two people in a relationship. While this is generally true, domestic violence can be much more than that.

Under the Prevention of Domestic Violence Act (PDVA) of 1991, there are various criminal charges that fall under the realm of domestic violence:

If you are facing a domestic violence charge, you need to be proactive. These charges can result in a variety of penalties, especially since the victim can file both a civil and a criminal complaint against you. The criminal charge can punish you for a long time, so contact a criminal defense lawyer right away to defend yourself.

Felony vs. Disorderly Persons Offenses

There are several factors that determine whether a domestic violence charge is a felony or a disorderly persons offense. (In New Jersey, disorderly persons offenses are like misdemeanors in other States, but NJ does not use the term misdemeanor). Whether an individual is charged with a felony or disorderly persons offense will depend on the specific conduct and/or the alleged injuries

If the charge is simple assault or harassment, the case will likely be charged as a disorderly persons offense. You will face up to six months in jail and may be ordered to take anger management classes. Probation is another possibility.

Felony domestic violence charges are common in cases where a weapon was used for unlawful purposes or in cases of sexual assault or aggravated assault. Aggravated assault differs from simple assault in that there is significant and/or serious bodily injury involved.

Felony domestic violence charges can carry severe penalties depending on the degree of charge:

As you can see, prison time varies dramatically. Keep in mind that a domestic violence charge can also prohibit you from purchasing firearms. Someone who has been convicted of a domestic violence crime or has a restraining order issued against them may be barred from purchasing a firearm in New Jersey under federal laws.

Besides criminal penalties, the victim can file a civil lawsuit and sue the offender for various damages. The victim can sue for lost income, medical bills, and pain and suffering. In addition, the offender could be ordered to pay the victim’s attorney fees.

The victim or court could file a restraining order against you as well. A no-contact order would prevent you from having any form of communication with the victim, even communication through a third party. This could greatly restrict your life.

Contact our Atlantic City Domestic Violence Charge Defense Lawyers Today

A domestic violence conviction can affect your life in many ways. You could face fines, jail time, and even a restraining order, which can restrict your life.

The Law Offices of Melissa Rosenblum, LLC has more than 25 years of experience defending New Jersey residents from domestic violence charges. We will assess the situation and create a defense that gives you the best outcome possible. Give us a call at (609) 904-6262 to schedule a free consultation