What you think is just an argument can turn into something much more. A neighbor may hear raised voices and call the police. The police arrive and decide to arrest someone for domestic violence. This carries serious consequences - civil and criminal - when not addressed immediately.
One of our founding partners, Kara Mongiardo, Esquire, spent years practicing family law in Pennsylvania, where she represented many clients in matters involving allegations of domestic violence. Kara advised and represented clients who were seeking protection from abuse (PFA) orders against spouses, significant others, and family members. Our other founding partner, Evan Mongiardo, Esquire, served as a prosecutor in the Domestic Violence Unit of the Passaic County Prosecutor's Office, where he gained valuable insight into the screening process for these cases.
If you have been charged in Passaic County, Bergen County, Essex County, Morris County, Hudson County, Sussex County or other parts of New Jersey or the New York City area with a domestic violence or related offense, it is imperative to contact a domestic violence defense attorney.
You have rights, and at Mongiardo Law Group, we are here to uphold your rights and defend any allegations made against you. Contact us at (973) 298-4557 or online to schedule a free consultation.
What are Domestic Violence Offenses?
Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but in New Jersey, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, such as threats of violence, sexual abuse, and emotional abuse.
What are the Consequences of Alleged Domestic Violence?
When a defendant is charged with a domestic violence offense, the court has the power to order a protection order, also referred to as a restraining or no-contact order. Protection orders can be made even when the defendant is not present in court and before their criminal law matter has been finalized and, in many cases, before the criminal process has even begun. In essence, when it comes to domestic violence, an accused can suffer certain consequences before a judge or jury has found him or her guilty beyond a reasonable doubt.
When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:
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It can restrict an accused's contact with the alleged victim and their children; and
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It can require an accused to leave the family home.
A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.
Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.
What are the Penalties of Domestic Violence or a Related Criminal Conviction?
The sentencing options for domestic violence offenses include many. Much of it depends on the severity of the allegations and any prior protective orders. Generally, penalties can include but are not limited to the following:
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Fines
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Probation
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Domestic violence treatment or counseling programs
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Imprisonment
When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, such as the following:
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the level of injury sustained by the victim
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whether a weapon was used or a child witnessed the crime
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whether the crime violates an existing protection order
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the personal characteristics of the victim, such as older age or pregnancy
The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in New Jersey.
Can Domestic Violence Charges Be Dropped?
Domestic violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the accused. Charges are brought by the state, not by the affected person.
The same is true about a restraining order. Even if the victim no longer wants the protection order, the order remains in effect. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.
What are Defenses to Domestic Violence Allegations in New Jersey?
A person can defend against a domestic violence charge in New Jersey. However, the specific defenses available to a defendant will depend on the circumstances of their case.
Some common defenses include:
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Self-defense or defense of others, where reasonable force was used to prevent an attack
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Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
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False allegations, where the victim has lied about what happened
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Accident, where the defendant unintentionally caused the injury
A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a domestic violence defense lawyer about any allegations.
Contact Mongiardo Law Group Today
If you have been charged with a domestic violence offense, you should speak to an experienced domestic violence defense attorney at Mongiardo Law Group immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Contact us at (973) 298-4557 or online to schedule a free consultation to make sure your rights are protected.
