Any criminal accusation in Middlesex County or anywhere else in New Jersey is a cause for concern. Even minor crimes can result in at least some jail time after a conviction. However, for the most part, a conviction for a crime and the resulting penalties are the end of the case.
The same cannot be said for allegations of domestic violence. While criminal cases that involve domestic violence certainly can result in harsh potential penalties, anyone accused of these actions may face punishment before their case even goes to trial.
For this reason, it is essential to understand the Middlesex County domestic violence penalties and how to fight back. Working with a skilled lawyer who is knowledgeable about the potential penalties for domestic violence can lead you in the right direction.
Definitions of Domestic Violence in Middlesex CountyAllegations involving domestic violence are criminal actions taken against a family member. Specifically, New Jersey Statute 2C:25-19(3)(d) states that the law affords special protection to spouses, former spouses, or any other person who was ever a household member. This generally means any person who has ever lived with the accused.
Instances of criminal activity that can constitute domestic violence are also defined by this statute. These include but are not limited to:
In general, these are established criminal acts that result in or could result in physical or mental harm to another person. A knowledgeable attorney can further explain potential charges and the Middlesex County domestic violence penalties that accompany them.
Penalties that Make These Charges UniqueOne common aspect that all allegations of domestic violence share is a threat of continued harm to the alleged victim. As a result, New Jersey law allows the court to impose a temporary restraining order on someone as a condition of bail.
Under New Jersey Statute 2C:25-26, this order is imposed during an arraignment and can limit where a person can travel, order them to cease all contact with an alleged victim, and even to move out of their own home. Within ten days, the court must conduct a full hearing on the order. During this hearing, the order can become permanent.
New Jersey law also allows the court to order the surrender of all firearms owned by the accused. According to New Jersey Statute 2C:25-27, the court also has the power to order the person to attend professional counseling sessions.
Finally, the court may order someone to pay a civil penalty between $50 and $500 for all guilty verdicts involving domestic violence. This is authorized by New Jersey Statute 2C:25-29.1.
An Attorney Can Explain Domestic Violence Penalties in Middlesex CountyThe mere allegation of domestic violence can change a person’s life. Even before a court reaches a verdict, they can order the accused to move out of their home and cease all contact with their family. In some situations, these orders can become permanent.
If a person is convicted of domestic violence, the court can order them to surrender or sell all their firearms, attend counseling sessions, and pay civil penalties. This is in addition to any criminal penalties that are associated with the core criminal allegations in the case.
An attorney can help you work towards a better outcome and attempt to mitigate the Middlesex County domestic violence penalties that someone may face. They know New Jersey’s domestic violence laws and understand how a conviction could change your life. To start fighting these allegations, call today.