Freehold, NJ Domestic Violence Laws

Firearm Prohibitions in New Jersey Key Laws You Should Know

In Freehold, the New Jersey domestic violence laws protect individuals who become victims of domestic violence and impose restrictions and punishments upon perpetrators of domestic violence. If you’ve been accused of committing domestic violence in Freehold, NJ, you need experienced legal representation to understand your options to pursue a favorable outcome to your case. Turn to the legal team at Keith Oliver Criminal Law to protect your rights, reputation, and future against domestic violence allegations.

Our firm has the experience and resources you need to fight the case against you, and we can leverage our outstanding working relationships with prosecutors and court staff in Freehold and throughout Monmouth, Somerset, and Mercer counties. Contact us today for a free initial case review with a criminal defense attorney to discuss your domestic violence charges.

How is Domestic Violence Defined in New Jersey?

In New Jersey, the Prevention of Domestic Violence Act of 1991 (PDVA) defines and prohibits acts of domestic violence. The law defines domestic violence as committing one or more enumerated criminal offenses or any other crime involving a risk of death or serious bodily injury upon a protected individual. A protected individual includes any person 18 or older or any emancipated minor having one of the following relationships with the perpetrator of domestic violence:

  • A present or former spouse
  • A present or former household member
  • A person with whom the victim has a child in common or whom the victim anticipates having a child in common (if either the victim or perpetrator is pregnant)
  • A person with whom the victim currently has or previously had a dating relationship

Common Types of Domestic Violence Charges

In addition to any crime that involves a risk of severe injury or death for a protected person, a domestic violence charge may arise from the commission of any enumerated domestic violence offense. Enumerated offenses under the PDVA include:

The New Jersey Prevention of Domestic Violence Act (PDVA)

The PDVA provides legal protection to eligible individuals who become victims of domestic violence in New Jersey. In addition to defining when criminal acts constitute domestic violence, the law also gives domestic violence victims the right to file civil and criminal complaints. Criminal complaints may lead to the filing of criminal charges against an alleged perpetrator of domestic violence. Civil complaints may entitle domestic abuse victims to obtain temporary and final restraining orders designed to protect them from continued domestic violence by an alleged perpetrator.

Restraining Orders in Freehold, NJ

Victims of domestic violence can pursue restraining orders from the court to protect themselves from further domestic violence by their abuser. An alleged victim who files a civil complaint under the PDVA may request a temporary restraining order (TRO). The court may issue a TRO if it finds sufficient grounds to issue the order. A TRO preserves the status quo and prevents any risk of domestic violence until the court can hold a hearing to determine whether to issue a final restraining order (FRO). A TRO may impose various conditions upon a domestic violence defendant, including:

  • The defendant may not return to the scene of the alleged domestic violence (including barring the defendant from a residence shared by the parties) or may not go to specific locations identified by the court (such as the plaintiff’s school or place of work).
  • The defendant may not commit future acts of domestic violence.
  • The defendant may not possess firearms or weapons and must temporarily surrender their firearms to law enforcement.
  • The defendant may not have any contact with the plaintiff or the plaintiff’s family members or cause another party to contact the plaintiff or the plaintiff’s family on the defendant’s behalf.
  • The defendant must pay temporary child support to the plaintiff if the parties share children.

Before issuing a FRO, a court must hold a hearing at which the plaintiff and defendant may present evidence and witnesses. A plaintiff seeking an FRO must prove that:

  • The defendant committed an act of domestic violence
  • The plaintiff needs an FRO for their future protection, either because the plaintiff fears future domestic violence by the defendant or the circumstances demonstrate that the defendant poses a risk of committing future domestic violence against the plaintiff

FROs in New Jersey do not expire. Instead, an individual subject to the restrictions of a FRO must petition the court to terminate the FRO by proving changed circumstances which demonstrate that the plaintiff no longer requires the FRO for protection.

Penalties for Domestic Violence Offenses

A conviction for domestic violence offenses can impose various penalties and consequences for a domestic violence defendant. First, a domestic violence conviction will lead to a criminal sentence that can include jail or prison time, with the length of incarceration dependent on the severity of the offense. Some offenses constitute disorderly persons offenses that carry jail terms, while other offenses like sexual assault or homicide constitute indictable offenses that carry prison terms of years or decades. Criminal sentences can also impose probation instead of incarceration, fines, and restitution obligations.

A domestic violence conviction can also have long-term consequences, such as the stigma of a criminal record, that may make pursuing jobs, housing, or educational opportunities more challenging. Restraining orders imposed for domestic violence offenses can also require defendants to vacate their residences or refrain from going to specific locations.

The potential consequences of a domestic violence offense make it critical for individuals facing allegations to obtain experienced legal counsel to protect their reputation and future.

Defending Against Domestic Violence Charges

A person facing domestic violence allegations may pursue various defense strategies to fight against the issuance of a restraining order or a criminal conviction. In an FRO hearing, a defendant may seek to disprove that the alleged act(s) of domestic violence occurred or argue that the plaintiff does not require an FRO, either because the facts demonstrate that the defendant does not pose a risk of future harm to the plaintiff or because the plaintiff does not fear future harm by the defendant.

Disproving an alleged act of domestic violence in a civil or criminal case may involve factual or legal defenses such as:

  • Consent – In domestic violence cases involving alleged sex offenses, a defendant may argue that the plaintiff validly consented to the underlying activity.
  • Lack of intent – Defendants may argue that the evidence fails to show they acted with the intent required by the statute. For example, a defendant might contend that they happened to have been in the same location as the victim and did not intend to follow them or violate a restriction in a restraining order.
  • Lack of threatening words/behavior – A defendant may assert that their alleged actions or statements did not rise to the level of a threat as the plaintiff did not perceive a threat or a reasonable person would not have viewed the defendant’s behavior as threatening.
  • Lawful actions – In some domestic violence cases, such as those involving allegations of criminal trespass, a defendant may argue that they only engaged in lawful conduct because they had a legal right to enter a place.
  • Mistaken identity – Defendants may argue that they did not commit the alleged acts and that someone else did, asserting that the victim or eyewitnesses mistakenly identified the defendant or presenting alibi evidence to show that they were elsewhere when the alleged acts occurred.

In criminal cases, defendants may pursue a defense strategy of challenging the admissibility of the prosecution’s evidence by arguing that police investigators obtained some of the evidence in their case by violating the defendant’s rights, such as in an unlawful search or interrogation.

How a Domestic Violence Lawyer Can Help

After receiving a domestic violence civil complaint or getting arrested on domestic violence charges, let a domestic violence defense attorney from Keith Oliver Criminal Law help you pursue a favorable resolution to the domestic violence allegations by:

    • Thoroughly investigating your case to obtain all relevant information and build a compelling case to defend your reputation and interests
    • Explaining your domestic violence charges to you and the potential outcomes of your case to prepare you for what to expect during civil criminal proceedings and help you make informed decisions through the civil and criminal process
    • Evaluating the facts and evidence to identify potential defense strategies
    • Advocating against the issuance of a final restraining order or for more limited restrictions in the order, or seeking to terminate the order when circumstances change and no longer warrant an FRO
    • Vigorously contesting the prosecution’s case if you get charged with domestic violence crimes, including seeking to exclude inadmissible evidence
    • Pursuing the best possible resolution to domestic violence charges, including going to trial if necessary to advocate your innocence or fight the state’s case

Contact Our Freehold, NJ Domestic Violence Attorneys Today

If a romantic partner or family member has accused you of domestic violence in Freehold, you need experienced legal counsel to defend your rights and reputation. Contact Keith Oliver Criminal Law today for a free, confidential consultation with a domestic violence defense attorney to discuss your legal options for responding to domestic violence allegations or charges in Freehold, NJ.