Monmouth County Domestic Violence Penalties
Criminal charges can lead to significant consequences, especially if a case involves allegations of domestic violence. Monmouth County domestic violence penalties can be severe depending on the circumstances surrounding an alleged incident. For example, charges that claim the defendant caused severe injury to a domestic partner may carry harsher penalties than those surrounding a heated argument.
If you are accused of a criminal act involving domestic violence, you should strongly consider consulting with a seasoned domestic violence lawyer about the potential consequences you may have to face. A skilled defense attorney may be able to understand your situation and help defend your best interests.Defining Domestic Violence
Domestic violence in Monmouth County is defined as specified acts against an individual protected under New Jersey’s domestic violence statutes. This definition incorporates a variety of criminal actions, such as harassment, kidnapping, restraint, false imprisonment, and stalking.
For an action to be considered domestic violence, the accused defendant and the other party must share a close relationship. People who usually fall into the category include:
- Current or former spouses
- Current or former household members who are over age 18 or emancipated minors
- Individuals who share children
- Individuals who are expecting a child
- Individuals who have or had a dating relationship
Domestic violence offenses in Monmouth County can be charged as misdemeanors or felonies. Usually, the severity of the charge depends on the severity of the alleged offense. Certain Monmouth County domestic violence penalties could be lessened if a defense attorney demonstrates they were non-severe incidents.
For example, one common criminal offense that could amount to domestic violence incident in Illinois is simple assault. This offense could occur if individuals:
- Intentionally cause bodily harm to another individual
- Negligently cause bodily harm with a deadly weapon
- Causing another fear of serious bodily harm
The penalties from a conviction for this crime could differ depending on the situation. Generally, the maximum potential penalty for simple assault, which is usually a misdemeanor offense, is six months in jail and a fine.
However, individuals convicted of simple assault could also be responsible for paying court costs and a domestic violence fee. They also may face civil charges from the other party for harm sustained. Finally, anyone convicted of domestic violence could face a criminal record.Penalties Related to Restraining Orders
Even domestic violence incidents that do not warrant criminal charges could carry additional penalties such as a restraining order. A temporary restraining order would typically result in a court hearing to determine whether the temporary restraining order should become a final restraining order.
Under a final restraining order, a legally restrained individual may be prohibited completely from contacting or communicating with the person in question while the order remains in effect. Individuals could also face a lifetime ban on owning, possessing, or purchasing firearms, and may be removed from their residence.
A restraining order could also potentially alter the relationship between an individual and their children. Existing child custody and visitation orders may be changed or could result in additional orders that limit contact between a parent and child or force an individual to undergo substance abuse, mental health, or anger management counseling.Learn About Potential Domestic Violence Penalties in Monmouth County
Accusations of domestic violence can range from criminal actions to mere arguments where someone felt threatened. Regardless of the circumstances surrounding your situation, Monmouth County domestic violence penalties could have a serious impact on your life.
Anyone believes they may face or are facing domestic violence accusations may find discussing a situation with a skilled criminal defense lawyer beneficial. It could be the first step in clearing up domestic violence accusations and negotiating a positive outcome to your case. Call today to learn more.