There are few charges more damaging to a family and a person’s reputation than those involving a false accusation of domestic violence. Under the Prevention of Domestic Violence Act of 1991, victims of this type of violence are allowed to hold their alleged abuser both criminally and civilly liable for their actions. Regardless of age, gender, race, sexual orientation or otherwise, anyone who is living together, dating, married/was once married, or has a child in common may be accused of domestic violence. Read on and reach out to our experienced Bergen County criminal defense lawyer to learn more about these charges in New Jersey and how we can help you fight them.
What constitutes an act of domestic violence in New Jersey?
For someone to receive a domestic violence charge, they will have to meet one of the aforementioned criteria and allegedly commit one of the following offenses:
- Sexual assault
- Criminal sexual contact
- Criminal trespass
- Criminal mischief
- Criminal restraint
- False imprisonment
- Terroristic threats
- Criminal coercion
What happens when someone is convicted of domestic violence in NJ?
In New Jersey, a victim of domestic violence can seek both civil and criminal relief from their abuse. Civil relief includes a restraining order against the individual, which prevents the abuser from going near the victim or the victim’s home, as well as having any contact with the victim or relevant third parties. It may also order financial assistance for raising children. On the other hand, criminal relief involves filing criminal charges against the abuser. If the abuser is found guilty of committing a criminal act of violence, he or she may face incarceration and high fines, among other criminal penalties.
What if I’ve been falsely accused?
As you may know, an accusation of this type of violence can tarnish your name and ruin the relationships you have with others, potentially including your children–and this is aside from all of the potential legal penalties it may bring. This is why anyone who’s been falsely accused of domestic violence should hire an experienced New Jersey criminal defense attorney who can help disprove the allegations and ensure that your side of the story is heard. Give us a call today so we can assess your case and determine the best route going forward.