An allegation of domestic violence can leave you facing a protective order and potential criminal prosecution, with consequences that could include fines as well as jail time. Several defense strategies could help you avoid negative outcomes. An experienced criminal defense attorney in Ocean County, N.J. can help you explore them.
Reach out to the Law Offices of William C. Fay, IV. Born and raised in New Jersey, William Fay, Esq. has spent over 10 years devoted exclusively to criminal law. As a former Deputy Attorney General with the N.J. Office of the Attorney General, Mr. Fay has seen both sides of the courtroom — both defending and prosecuting cases — which gives him a unique perspective when developing personalized legal strategies for each of his clients.
Call or contact us today for a free consultation.
What You Need to Know About Domestic Violence Charges in New Jersey
New Jersey’s Prevention of Domestic Violence Act (PDVA) defines domestic violence as a range of criminal acts committed against a spouse, former spouse, household member, or co-parent:
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order arising from a crime (felony) or disorderly persons (misdemeanor) offense
- Cyber-harassment
- Homicide
An act of domestic violence can lead to both civil restraining order proceedings and criminal prosecution. An alleged victim of domestic violence can file a petition to request a temporary restraining order (TRO), pending a court hearing to decide whether the court will issue a final restraining order (FRO).
Alleged perpetrators of domestic violence can also face criminal charges. Most acts that constitute domestic violence under New Jersey law also constitute a criminal offense, whether committed against a person protected by the PDVA or another individual.
Which Court Will Handle My Case?
Different courts in New Jersey may handle a criminal prosecution for a domestic violence offense, depending on the grading of the offense.
New Jersey law grades some offenses that constitute acts of domestic violence as disorderly persons or petty disorderly persons offenses, often called misdemeanors in other states. More severe criminal acts constitute indictable crimes, similar to felonies in other jurisdictions.
In New Jersey, municipal courts typically handle disorderly persons and petty disorderly persons prosecutions from start to finish. Most municipalities in New Jersey have their own municipal courts.
Indictable domestic violence offenses and appeals from municipal court convictions are prosecuted in the Criminal Division of the Superior Court, with each county in New Jersey having its own Superior Court.
Common Domestic Violence Defense Strategies in N.J.
A person fighting domestic violence charges in New Jersey may have various factual or legal defenses that could apply to their case, including:
- Lack of intent: Some criminal statutes for domestic violence offenses require an offender to have acted with a specific degree of mental intent (e.g., knowingly or recklessly). A defendant may argue that they did not act with the intent required by the statute.
- Consent: For domestic violence crimes not involving sexual assault or serious bodily injury, a defendant may have a valid defense if they can show the alleged victim consented to the activity underlying the charges.
- Fabrication: The defense may show that the alleged victim falsely accused the defendant of domestic violence.
- De minimis violation: A defendant charged with violating a restraining order may argue that they committed a minor or technical act that does not warrant prosecution, such as entering a store at the same time as the protected person.
Challenging Evidence in Domestic Violence Allegations
Another tactic used to defend domestic violence allegations in N.J. is to challenge the credibility, strength, or admissibility of evidence in the prosecution’s case. For example:
- A defendant may challenge testimony from an alleged victim identifying them as the perpetrator by presenting an alibi showing they were elsewhere when the domestic violence occurred.
- They may also contest forensic evidence, such as fingerprints or DNA, by identifying problems with the collection, testing, or handling of the evidence that might call its accuracy into question.
- A defendant may seek to exclude evidence from the prosecution’s case because police obtained it through an unlawful search or an interrogation that violated their rights.
Not all of these strategies will apply in your domestic violence case. An Ocean County domestic violence lawyer will identify the relevant defenses that can help build the strongest possible case for you.
Why Choose William Fay, Esq.?
Mr. Fay is a respected Ocean County criminal defense lawyer with a proven record of achieving positive results for clients. Recognizing that no two cases are the same, he prioritizes building a custom-made criminal defense tailored to your needs.
When you work with us, you can expect:
- Clear answers to your questions — no legal jargon
- A meticulous investigation and review of the evidence
- Easy access — you communicate directly with your attorney, not a paralegal
- Streamlined legal representation — Mr. Fay handles your case from start to finish
- Zealous advocacy, both inside and outside the courtroom
Here’s what past clients have said about their experience with our law firm:
“Attorney William really knows his stuff. He is an honest excellent attorney. He was very informative and handled the case with the highest level of care and professionalism. He cares about people not just the money. I would highly recommend him to anyone. And if needed will definitely use him again. Thanks Bill for all the help!”
— Sean H.
“He did a fantastic job on my case, making my penalty much less than I thought it could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can understand. Any questions I had were answered very clearly, and he listened to all small details of my case.”
— Former client
Contact an Ocean County Domestic Violence Defense Lawyer Today
If you are facing domestic violence charges in Ocean County, the Law Offices of William C. Fay, IV is ready to help you fight for your freedom, reputation, and future. Call or contact us today for a free initial consultation.