New Jersey Domestic Violence Lawyer

Further Information on Domestic Violence Laws and Penalties

For more information on what it means to face a restraining order, harassment charge, stalking charge, child endangerment charge, or protective order, click on the links below or contact attorney John B. Fabriele, III. In addition, you’ll also find details on New Jersey Domestic Violence penalties.

• Restraining Order

  A restraining order can be issued for various reasons, but domestic violence, abuse, and assault are all the most common. If you’ve been served a restraining order or you believe you will be soon, click on the link above to learn more or contact our law office to speak with a restraining order attorney.

• Harassment

  Harassment charges can be complex, vague, and confusing to understand. There is a wide range of behaviors that can be categorized as harassment. Despite this being considered a low-level crime, a harassment charge and conviction can be destructive to one’s future career and relationships. To learn more about what a harassment charge involves and how a defense attorney can help, click on the link above or contact our law office.

• Stalking

  New Jersey stalking laws are defined as being in close proximity to someone both physically and virtually, such as through social media or text messages. New Jersey takes both forms of stalking charges seriously, as should those accused of stalking. Click on the link above or contact our law office to speak with a defense attorney that specializes in stalking charges.

• Child Endangerment

  The protection of children takes top priority in a New Jersey court. The penalties for child abuse and child endangerment are severe and significant. It is never advised to handle a child endangerment charge alone. You’ll need an attorney that has extensive experience in defending those accused of child endangerment. Call our law office today to discuss your case.

• Protective Order

  A protective order, no-contact order, or any other type of restraining order can sometimes be unjust and inappropriate depending on the circumstances. In addition, a violation of these orders can result in harsh penalties and further consequences. To understand what a protective order entails as well as how to avoid violations, contact our law office to speak with a lawyer who can explain the terms and conditions of a protective order.

• New Jersey Domestic Violence Penalties

  New Jersey takes domestic violence crimes and accusations very seriously. This is reflected in the New Jersey Domestic Violence Act as well as in the consequences and penalties of domestic violence convictions. Those convicted of a domestic abuse crime may be subjected to jail time, restraining orders, weapon restrictions, counseling, or expensive fees. Click on the link above to learn more about New Jersey Domestic Violence penalties or contact our law office to speak with a domestic violence attorney.

Frequently Asked Questions Regarding Domestic Violence Laws and Penalties

Domestic violence is a sensitive, emotional, and severe issue that many families, spouses, and partners face every day in the state of New Jersey. While domestic violence charges are always serious, they’re not always appropriate. Each individual case and circumstance should be looked at closely by an experienced attorney. That’s why it’s important to always speak with a domestic violence lawyer when someone accuses you of a domestic violence crime. It’s also helpful to be aware of New Jersey Domestic Violence laws, terms, and penalties. When your freedom and your rights are on the line, having a basic understanding of the law can help you feel more confident and calm moving forward. Here are some frequently asked questions regarding domestic violence laws and penalties:

What constitutes domestic violence in New Jersey?

While many people assume that a domestic violence charge only includes incidents of physical assault, sexual assault, or harassment, the legal definition of domestic violence in New Jersey includes various criminal acts.

The New Jersey Prevention of Domestic Violence Act (PDVA) defines domestic violence as:

• homicide
• assault
• terroristic threats
• kidnapping
• criminal restraint
• false imprisonment
• sexual assault
• criminal sexual contact
• lewdness
• criminal mischief
• burglary
• criminal trespass
• harassment
• stalking
• criminal coercion
• robbery
• contempt of a domestic violence order

And any crime involving risk of death or serious bodily injury and cyber harassment.

As you can see from the many criminal acts listed here, domestic violence goes way beyond acts of abuse. The relationships and context in which these crimes take place set them apart from a general criminal act. How New Jersey defines domestic relationships is discussed below. For further information on what constitutes a domestic violence act in New Jersey, contact our law firm to speak with a domestic violence lawyer today.

Who may make a domestic violence complaint in New Jersey?

Remember that relationships that are classified as “domestic” are broad in New Jersey. Many people believe that a domestic violence charge can only occur between spouses or those in intimate relationships. However, the legal definition of a domestic relationship in the New Jersey Prevention of Domestic Violence Act is extensive:

Is domestic violence an indictable offense in New Jersey?

A domestic violence charge can be classified as either a disorderly persons offense (misdemeanor) or an indictable offense in New Jersey. This will depend on the severity of the charge and the relationship of the persons involved. For instance, a simple assault charge may result in a disorderly persons offense, while something more serious, such as a sexual assault, may result in a felony. Regardless if you were charged with a domestic violence disorderly persons offense (misdemeanor) or an indictable offense, it’s important to have a trusted and experienced domestic violence lawyer on your side. Contact the law office of John B. Fabriele, III today to learn more about domestic violence charges and penalties in New Jersey.

What are the penalties for domestic violence convictions in New Jersey?

The consequences and penalties for domestic violence in New Jersey will depend on the degree of the charge. There are fourth-degree, third-degree, second-degree, and first-degree felony domestic violence classifications.

Fourth-degree felony charges, the lowest level of domestic violence felonies, may result in up to 18 months in a New Jersey prison, while first-degree felony charges can result in up to 20 years. In addition to time in prison, a person charged with domestic violence can face many other consequences such as a temporary restraining order (TRO), a final restraining order (FRO), bans on owning weapons, and expensive fines.

For more information go to the New Jersey domestic violence penalties page or contact the law office of John B. Fabriele, III today.

What happens in a New Jersey domestic violence complaint?

A helpful way of understanding what happens after a domestic violence complaint is made is by reviewing section II and III of the Guidelines on Police Response Procedures in Domestic Violence Cases:

• II. Mandatory Arrest. A police officer must arrest and take into custody a domestic violence suspect and must sign the criminal complaint against that person if
  • The victim exhibits signs of injury caused by an act of domestic violence. N.J.S.A. 2C:25-21a(1).
    1. The word, "exhibits," is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition. Probable cause to arrest also may be established when the police officer observes manifestations of an internal injury suffered by the victim.
    2. Where the victim exhibits no visible sign of injury, but states that an injury has occurred, the officer should consider other relevant factors in determining whether there is probable cause to make an arrest.
    3. In determining which party in a domestic violence incident is the victim where both parties exhibit signs of injury, the officer should consider:
       • the comparative extent of injuries suffered;
       • the history of domestic violence between the parties, if any, or
       • other relevant factors.
    4. Police shall follow standard procedures in rendering or summoning emergency treatment of the victim, if required.
  • There is probable cause to believe that the terms of a no contact court order have been violated. If the victim does not have a copy of the court order, the officer may verify the existence of an order with the appropriate law enforcement agency.
  • A warrant is in effect.
  • There is probable cause to believe that a weapon as defined in N.J.S.A. 2C:39-1r has been involved in the commission of an act of domestic violence.
• III. Discretionary Arrest. A police officer may arrest a person or may sign a criminal complaint against that person, or may do both, where there is probable cause to believe that an act of domestic violence has been committed but none of the conditions in Section II. above applies.
• IV. Seizure of Weapons.
  • Seizure of a Weapon for Safekeeping.
  • A police officer who has probable cause to believe that an act of domestic violence has been committed may:
    1. Question all persons present to determine whether there are weapons, as defined in N.J.S.A. 2C:39- 1r, on the premises.
    2. If an officer sees or learns that a weapon is present within the premises of a domestic violence incident and reasonably believes that the weapon would expose the victim to a risk of serious bodily injury, the officer should attempt to gain possession of the weapon.
    3. If the weapon is in plain view, the officer should seize the weapon.
    4. If the weapon is not in plain view but is located within the premises jointly possessed by both the domestic violence assailant and the domestic violence victim, the officer should obtain the consent, preferably in writing, of the domestic violence victim to search for and to seize the weapon.
    5. If the weapon is not located within the premises jointly possessed by the domestic violence victim and assailant but is located upon other premises, the officer should attempt to obtain possession of the weapon from the possessor of the weapon, either the domestic violence assailant or a third party, by a voluntary surrender of the weapon.
    6. If the domestic violence assailant or the possessor of the weapon refuses to surrender the weapon or to allow the officer to enter the premises to search for the named weapon, the officer should obtain a Domestic Violence Warrant for the Search and Seizure of Weapons.

Do you need a lawyer for a domestic violence case?

This is a common question when it comes to domestic violence charges. Some see a domestic violence charge or restraining order as a personal issue between family members, spouses, partners, or ex-partners. It’s common for those accused of domestic violence to feel as though this is a legal matter that they can resolve on their own. This is a common but significant mistake. Attempting to handle a domestic violence charge on your own can be incredibly difficult for a few reasons. First, it’s extremely emotional and stressful. Having a domestic violence lawyer on your side can provide clarity, comfort, and security with what happens next. No one under the weight of these circumstances should have to formulate a defense on their own. Second, the laws and penalties around New Jersey domestic violence acts can be vague and confusing. If you don’t have a legal background or previous experience as an attorney, it’s not recommended to handle your case alone.

Lastly, filing paperwork, collecting evidence, interviewing family members or witnesses is very time-consuming. Only an experienced New Jersey domestic violence attorney can provide you with the dedication, time, attention, legal expertise, and aggressive defense to deliver the best possible outcomes. If you’ve been charged with domestic violence, contact our law office right away. The sooner we start working on your case, the better the results. Take advantage of our free consultation and discuss your case with an experienced domestic violence lawyer today.

How can an attorney help with your New Jersey domestic violence case?

A New Jersey domestic violence lawyer can help you in many different ways. A defense attorney can explain your charges, potential penalties, the terms of a restraining order, help you understand your circumstances, and provide clarity. A defense attorney can identify mistakes or unjust factors in your arrest and bring these issues to the attention of a New Jersey court. A domestic violence lawyer can formulate an aggressive and powerful defense by collecting evidence and interviewing witnesses. Overall, it’s never advised to deal with a domestic violence charge on your own. Contact the law office of John B. Fabriele, III today to learn more about how a New Jersey domestic violence attorney can help you.

New Jersey Domestic Violence Lawyer John B. Fabriele

The Law Office of New Jersey Domestic Violence Lawyer John B. Fabriele, III is available to take your case and fight your criminal charge. Statistics show that the sooner you get an experienced attorney working on your domestic violence case, the easier it is to achieve the best possible results. We relentlessly and aggressively work for our clients to create a strong defense for your domestic violence offense and create the most desirable outcomes.

We represent people throughout Middlesex, Monmouth, Ocean, Somerset, and Union Counties. If you would like a free consultation at our office feel free to contact us at (732) 246-0888.

Don’t leave your freedom to chance. Contact our New Jersey Domestic Violence Law Firm today and get the legal assistance you need to protect your rights.

For questions regarding domestic violence restraining order, spousal abuse, aggravated assault and any other criminal offense please call us to schedule a free consultation with New Jersey attorney John B. Fabriele.