Domestic violence is a serious issue experienced by millions of individuals across the country each year. Because of the severity of this offense and the associated penalties, if you have been falsely accused of domestic violence, it is important to understand the defenses available to you. Continue reading for more information and enlist the help of an experienced Bergen County criminal defense lawyer today.
What is Domestic Violence?
In New Jersey, domestic violence is defined under the Prevention of Domestic Violence Act of 1991. It is important to understand that domestic violence as an offense does not refer to only one specific crime. Instead, it is a category that a variety of crimes can fall under, depending on the relationship that the offender has with the victim.
For example, physical and sexual assault are not ordinarily considered domestic violence, but they can be if they occur between an offender and their current or former spouse, an individual with whom they share a child, a current or former household member, a romantic partner, or an individual who is pregnant by them.
Other crimes that can constitute domestic violence when they are committed between people who share the above relationships include the following:
- Homicide
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Cyber-harassment
- Any other crime involving risk of death or serious bodily injury
What Defenses Can I Use Against Domestic Violence Charges in NJ?
The defenses that will work best against domestic violence charges depend on the specific circumstances of the situation, so they will vary on a case-by-case basis. However, below are some of the most common and effective defenses.
- Self-defense: It is possible that you may have used reasonable force only because you believed you or someone else was in immediate danger, making your actions self-defense and not domestic violence.
- Lack of intent: Domestic violence offenses may require proof of intentional or purposeful conduct. If injuries or harm occurred accidentally, unintentionally, or during a mutual interaction, you may be able to argue that your actions do not constitute domestic violence.
- Consent: While not common, under certain circumstances, the accuser may have consented to certain behaviors before they occurred.
- False accusation: Sometimes accusations are exaggerated or completely false, especially in high-conflict breakups, divorces, or custody disputes.
Additional ways to defend against your charges can include pointing out inconsistencies in the prosecution’s argument, insufficient evidence, violations of your Constitutional rights, or providing an alibi to prove that you could not have committed the offense.
A skilled criminal defense attorney can evaluate your situation and determine which defensive strategy is best for your case. Reach out to an experienced lawyer today for more information.