DOMESTIC VIOLENCE AND RESTRAINING ORDERS IN NEW JERSEY
New Jersey domestic violence law is a specialized area of law that requires knowledge of all avenues and pitfalls. This is because New Jersey treats domestic violence very seriously and there are various laws and regulations in place to ensure a fair process. For example, a person qualifies as a victim of domestic violence if he or she meets the statutory definition of a domestic violence victim. A person charged with a domestic violence may be subject to restraining orders as well as criminal charges.
Whether you are the victim of a domestic violence relationship or are charged with a domestic violence complaint, it is important to have a New Jersey domestic violence lawyer by your side to help you through one of the toughest moments in your life. You need a lawyer who has the training, skill, and experience in domestic violence law. You need a New Jersey domestic violence lawyer who has prosecuted thousands of cases regarding domestic violence.
VANDO CARDOSO is a former New Jersey Prosecutor and Special Deputy Attorney General. He has extensive experience and skill in handling domestic violence crime law. His training, experience, and skill in New Jersey domestic violence law has helped him achieve countless favorable results.
CONTACT US today and put our experience to work.
WHAT IS DOMESTIC VIOLENCE
Under New Jersey domestic violence law, "domestic violence" is defined as the occurrence of one or more of the following acts inflicted upon a any person that meets the definition of a victim of domestic violence:
- Terroristic threats;
- criminal restraint;
- false imprisonment;
- sexual assault;
- criminal sexual contact;
- criminal mischief;
- criminal trespass;
- criminal coercion;
- contempt of a domestic violence order;
- any other crime involving risk of death or serious bodily injury to a protected person under the "Prevention of Domestic Violence Act of 1991"; and
WHO IS A VICTIM OF DOMESTIC VIOLENCE
To be qualified for the protections of domestic violence laws, a person must be 18 years of age or older or an emancipated minor who has been the subject of domestic violence by
- a spouse or former spouse; or
- any other person who is a present household member or was at any time a household member.
A "victim of domestic violence" also includes any person, regardless of age, who has subjected to domestic violence whom the the victim has a child in common or whom anticipates having a child in common if one of the parties is pregnant.
Lastly, a victim of domestic violence includes any person who is or has been in a dating relationship.
Under the domestic violence laws of New Jersey, a person that meets the statutory definition of a domestic violence victim may apply for a Temporary Restraining Order (TRO). A TRO affords a domestic violence plaintiff certain temporary rights and privileges for the purpose of protection. If a defendant violates the terms of a restraining order, he or she may be charged with, amongst other things, contempt and harassment.
A TRO is temporary. It must be brought before a Superior Court judge within a statutory timeframe for a Final Restraining Order (FRO) hearing. At the hearing, the parties are afforded an opportunity to provide credible evidence. The admission of that evidence is subject to the New Jersey Rules of Evidence. These rules are complicated and often time difficult to understand. If either party does not comply with the New Jersey Rules of evidence, a judge may elect not to consider the evidence. If the judge decides in favor of the plaintiff, then the TRO becomes an FRO. This is important because this has permanent consequences for both sides.
It is important to hire a skilled and experienced New Jersey domestic violence lawyer to guide you through the pitfalls of domestic violence and restraining orders. As a former Prosecutor and Special Deputy Attorney General, Vando Cardoso has the trial skill and experience necessary to guide you through this difficult time. CONTACT US today.
WHAT HAPPENS IF I AM CHARGED WITH A DOMESTIC VIOLENCE CRIME
A domestic violence crime in the State of New Jersey may put your liberty and your rights at risk. A domestic violence crime can range from a petty disorderly person's offense to a first degree crime. The following is a very general overview of the jail or state prison exposure that you may face if found guilty of a domestic violence crime. Please note that this is not an exhaustive list of all possible outcomes.
- Petty disorderly person's offense: If found guilty, a defendant may be sentenced up to 30 days of county jail;
- Disorderly person's offense: If found guilty, a defendant may be sentenced up to 180 days of county jail;
- 4th degree crime: If found guilty, a defendant may be sentenced up to 18 years of state prison;
- 3rd degree crime: If found guilty, a defendant may be sentenced up to 5 years of state prison;
- 2nd degree crime: If found guilty, a defendant may be sentenced up to 10 years of state prison; and
- 1st degree crime: If found guilty, a defendant may be sentenced up to 20 years of state prison,