New Jersey Domestic Violence Penalties
Many states, including New Jersey, view domestic violence as a potentially serious crime. As a result, any individual facing a domestic violence charge should be aware of the potential penalties they could face, including fines and imprisonment.
In many situations in New Jersey, domestic violence penalties may differ depending on the specific facts of the case. By understanding the law on domestic violence and the possible punishments, you may be able to better defend your rights in court. If you have further questions on your domestic violence case or would simply like help managing it, call (732) 246-0888 experienced domestic violence attorney John B. Fabriele, III, LLC as soon as possible for a free case evaluation.
Criminal Penalties for Domestic Violence in New JerseyNew Jersey provides for a variety of civil and criminal penalties for those convicted of domestic violence. However, criminal charges may vary depending on the specific domestic violence accusations. Specific crimes that may be relevant in a domestic violence scenario include:
- Sexual assault
- Kidnapping
- Lewdness
- Harassment
- Stalking
Those that have specific questions on New Jersey domestic violence penalties are encouraged to contact a qualified attorney for a detailed analysis of their case. Many domestic violence charges include the possibility of both fines and imprisonment, so prompt action may be key to constructing a strong defense and preventing an unfavorable outcome.
Restraining OrdersUnder New Jersey Revised Statutes §2C:25-23, a person harmed due to domestic violence may apply for a restraining order. Such orders forbid the alleged attacker from doing any of the following:
- Entering the alleged harmed individual’s residence
- Having contact with the other party or their relatives
- Having custody of the other individual’s children
In certain situations, the other party may also collect money from the defendant for payment of any medical expenses related to any domestic violence incident.
Counseling RequirementsAccording to N.J.R.S. §2C:25-27, a court may also order professional counseling as part of any other penalties for domestic violence in New Jersey. The court may further require that the defendant provide proof of their attendance at counseling sessions. If the defendant is under a restraining order, they usually cannot petition a court to dissolve the order until they finish any required counseling.
Weapons RestrictionsNew Jersey also restricts possession of weapons for anyone convicted of domestic violence. Under N.J.R.S. §2C:25-27, a convicted individual may not purchase, own, or control a firearm.
Also, those convicted of domestic violence must immediately surrender any firearms they possess, although the convicted party does have the alternate option to sell any of their firearms to an authorized dealer within five business days. If the court finds probable cause to believe the defendant failed to surrender their firearms, it may authorize law enforcement to search for and remove firearms at any location that may contain them.
Additional Civil PenaltiesNew Jersey state law allows for additional civil penalties against domestic violence offenders depending on the circumstances. According to N.J.R.S. §2C:25-29.1, a court may order those guilty of domestic violence to pay a fine of up to $500.
Under N.J.R.S. §2C:25-29.4, individuals may have to pay a further surcharge of $100 to the state treasurer to fund grants for domestic violence prevention and assessment.
Learn More About New Jersey Domestic Violence PenaltiesEvery domestic violence case is different, and as a result, there is a range of penalties defendants could face. If you are dealing with a domestic violence charge, it may be beneficial to contact a lawyer to help you understand the various New Jersey domestic violence penalties that may apply to your case.
Such knowledge may be critical to understanding your options and structuring your defense properly. For knowledgeable and dedicated assistance with your case, call (732) 246-0888 New Jersey domestic violence attorney John B. Fabriele, III, LLC today to schedule a free consultation.
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