The State of New Jersey takes domestic violence seriously. When certain crimes against protected persons are committed, charges of domestic violence can be made against an individual. For those who have been charged with domestic violence, additional penalities may be applied to you. When people say that a domestic violence charge impacts every facet of your life, they are not exaggerating.
If you have been charged with domestic violence and are concerned about the impact, it is recommended that you begin speaking with a legal representative, such as the domestic violence lawyers of Ziegler Law Group, LLC in New Jersey.
Key Takeaways
- Domestic violence charges in New Jersey have significant legal consequences, affecting various aspects of life. Seek legal guidance promptly if facing allegations.
- The PDVA designates certain individuals as “protected persons,” including spouses, domestic partners, household members, children, and former partners.
- Domestic violence includes assault, harassment, trespass, kidnapping, false imprisonment, stalking, and robbery. Each offense carries specific penalties under New Jersey law.
New Jersey’s Prevention of Domestic Violence Act (PDVA)
The Prevention of Domestic Violence Act (PDVA) names “protected persons.” Should such an individual be attacked or harmed in ways that may be called domestic violence, the person who did such an act may be charged differently than if the crime was committed against someone not designated as a protected person.
Who is considered a “protected person” under the PDVA in New Jersey? Here’s a list:
- Current and former spouses and domestic partners
- Members of the defendant’s household, both current and former
- Children and the parent of those children
- Those with whom the defendant is expecting a child
- Current and former boyfriends and girlfriends
In other words, New Jersey prosecutors can pursue a domestic violence charge so long as two people share the same roof. You do not need to be a member of the household or in a formal relationship. For example, the PDVA allows prosecutors to charge someone with domestic volence for harming someone they have previously dated.
When You Can Be Charged With Domestic Violence in New Jersey
Domestic violence is a serious issue with legal ramifications. Here’s an overview of behaviors that can result in legal consequences:
Assault
Assault is a broad term encompassing various degrees of physical harm inflicted upon another person. It can range from simple assaults, which involve attempts or threats to cause bodily harm, to aggravated assaults, which involve causing serious bodily injury or using a deadly weapon.
Harassment
Harassment involves a pattern of behavior intended to intimidate, annoy, or alarm another person. This behavior can take many forms, including verbal threats, obscene gestures, unwanted physical contact, or persistent communication via phone calls, texts, or emails. In cases of domestic harassment, the perpetrator may use coercive tactics to control or intimidate his or her partner, leading to emotional distress and a sense of insecurity. Harassment laws aim to protect individuals from unwanted and harmful behavior, ensuring their safety and well-being.
Criminal Trespass
Criminal trespass occurs when an individual enters or remains on another person’s property without permission, with the intent to commit a crime or cause harm. This offense can range from simple trespass, such as entering a fenced-off area, to aggravated trespass, which involves entering a dwelling or structure with the intent to commit a felony. In cases of domestic violence, criminal trespass may occur when an abusive partner unlawfully enters the victim’s home or property, violating the victim’s privacy and sense of security.
Kidnapping
Kidnapping is a serious offense involving the unlawful confinement and movement of another person against his or her will. It often involves coercion, threats, or physical force to control the victim and restrict their freedom of movement. In cases of domestic kidnapping, the perpetrator may forcibly abduct their partner or children, leading to emotional trauma and fear for one’s safety.
False Imprisonment
False imprisonment occurs when an individual unlawfully restrains or confines another person against his or her will, depriving one of his or her freedom of movement. This offense can take many forms, including physical restraint, threats of violence, or confinement in a locked room or vehicle.
Stalking
Stalking involves a pattern of behavior intended to harass, intimidate, or surveil another person, causing them fear or distress. This behavior can include following the victim, monitoring their activities, sending unwanted messages or gifts, or making threats against the victim or the loved ones of the victim.
Robbery
Robbery is a violent crime involving the theft of property from another person through force, intimidation, or coercion. It differs from theft or larceny in that it involves direct confrontation or violence against the victim. Robbery can occur in various settings, including street muggings, home invasions, or armed robberies of businesses. In cases of domestic robbery, the perpetrator may use threats or physical violence to steal valuables from their partner, causing fear and trauma.
Contact a Family Law Attorney in New Jersey Today
There are many reasons you may be charged with domestic violence in New Jersey, and the above sets forth only a few of the most common ways. If you are facing charges of domestic violence or are seeking to receive a TRO to protect yourself and others, then it is time to get in touch with a domestic violence or family law attorney in New Jersey. Ziegler Law Group, LLC is here to assist in preserving your rights and wellbeing. Call us today at 973-533-1100 or fill out the online form to schedule a free consultation.
