Domestic violence occurs when domestic disagreements escalate to a point where violence ensues and the police are called and make arrests. Like many states, New Jersey and New York are very strict regarding their approach to domestic violence. An individual suspected of domestic violence is
automatically arrested if there are any signs of injury on the accuser. Even without physical proof of injury, the individual accused of domestic violence is often arrested regardless and a restraining order can be issued by the municipal courts.
The Domestic Violence Prevention Act was incorporated to prevent domestic violence and promote domestic control and harmony. Any infringement among family members, mentally or physically, or any purposeful exercise of domestic violence is a violation of this act. Domestic violence charges are very
serious. If you have been accused of domestic violence, you should not make any statements or contact your accuser without having an attorney present. Any mistakes in a case such as this can have severe consequences for you and your family. If you have been accused of domestic abuse, contact the skilled attorneys at the Law Offices of Herbert I. Ellis, P.C. to defend you against any domestic violence charges immediately.
If any evidence of domestic violence has occurred, the alleged victim has the opportunity to apply for a restraining order. After a restraining order is issued, a hearing is conducted to determine whether the temporary restraining order will become a final restraining order which would prevent the defendant from having any contact whatsoever with the alleged victim. A restraining order may require you to refrain from any contact or communication with your children and/or your accuser, leave your home, and continue to make payments for your home and support even without being allowed to enter. If the accused fails to comply with the final restraining order through any personal contact with the victim, they are guilty of a contempt violation which is considered a criminal conviction and will result in a criminal record. A secondary violation of the restraining order will result in mandatory jail time. Utilizing skilled legal representation in your domestic violence case is crucial to a positive outcome in your case.
A superior or municipal court can at any time issue a restraining order against an individual suspected of domestic abuse, even with very little evidence. Regardless of whether of the domestic violence charge was the result from an angry argument or during a messy divorce, it cannot be ignored. However, in some cases the domestic violence charges can be withdrawn and the restraining order may be terminated by the court. Our attorneys, as your legal counsel, will negotiate with your accuser on your behalf. We will protect your rights and work to get the charges dropped or reduced through plea
In many cases, charges of domestic violence are brought in connection with other crimes. Common related charges brought together with domestic violence include harassment, stalking, marital rape, spousal abuse, terroristic threats, property crimes, assault, and juvenile offenses. Our attorneys at the Law Offices of Herbert I. Ellis, P.C., are sensitive to the delicate nature of domestic violence and know what it takes to successfully defend domestic charges throughout New Jersey and New York. Contact us for a consultation in your domestic violence case.