Defending Clients Facing Domestic Violence Charges in Gloucester & Deptford, NJ
Domestic violence is a grave concern in New Jersey, encompassing various forms of abuse within intimate relationships. The state’s Prevention of Domestic Violence Act of 1991 offers protection to victims, but it’s equally vital to understand the defense strategies available to those wrongfully accused. Matthew Portella has defended clients accused of domestic violence in Gloucester County, NJ including Deptford, East Greenwich, Glassboro, Greenwich and the Township of Harrison.
Understanding Domestic Violence in New Jersey
Domestic violence is not limited to physical abuse—it also includes emotional, psychological, sexual, and financial abuse. Common offenses classified under domestic violence include harassment, stalking, assault, terroristic threats, and false imprisonment. In New Jersey, these allegations can arise in various relationships, including spouses, former spouses, co-parents, dating partners, and even household members. Because of the broad definitions and serious nature of domestic violence charges, it is critical for those accused to understand their legal rights and options.
Common Defenses Against Domestic Violence Charges
The burden of proof lies with the prosecution, but defending against such charges requires immediate legal intervention. Many cases involve false accusations, exaggerated claims, or self-defense, making it essential to build a strong legal defense. Knowing the law and acting quickly can make all the difference. Here are some examples of defenses.
- Lack of Evidence: The prosecution must prove the allegations beyond a reasonable doubt. If evidence is insufficient or lacks credibility, the charges may be dismissed.
- False Allegations: Accusations can sometimes stem from ulterior motives, such as gaining leverage in custody battles or out of jealousy. Demonstrating inconsistencies in the accuser’s statements can be pivotal.
- Self-Defense: If the accused acted to protect themselves from imminent harm, this can serve as a valid defense. Evidence supporting self-defense, like injuries or witness testimonies, is crucial.
- De Minimis Infraction: Arguing that the alleged act was too minor to warrant legal action can be effective, especially if the incident lacked intent or resulted in negligible harm.
- Procedural Violations: If law enforcement failed to follow proper procedures during the arrest or investigation, such as neglecting to inform the accused of their rights, the charges might be challenged.
Consequences of a Domestic Violence Conviction
If someone is accused, a restraining order may be issued against them, which carries several significant repercussions:
- No Contact Order – The accused cannot contact the protected person directly, through social media, or via third parties.
- Civil Penalties – A court can impose a fine of up to $500.
- Mandatory Evaluations & Programs – The accused may be required to attend drug and alcohol evaluations and complete anger management programs.
- Domestic Violence Registry – The individual’s name is added to New Jersey’s Domestic Violence Registry, accessible to law enforcement.
- Impact on Professional Licenses & Employment – If the accused holds a state-issued professional license, it may be revoked, which could jeopardize their job.
- Custody & Child Support Implications – If the accused shares children with the protected person, the court may impose custody, child support, and visitation restrictions.
The Importance of Legal Representation
Given the complexities of domestic violence cases, securing experienced legal counsel is paramount. Attorney Matthew Portella can scrutinize evidence, identify weaknesses in the prosecution’s case, and advocate for the accused’s rights. Early legal intervention can significantly influence the outcome, potentially leading to reduced charges or dismissal.
Call Our Gloucester County Domestic Violence Lawyer Now
While New Jersey’s laws aim to protect victims of domestic violence, it’s essential to ensure that individuals accused of such offenses receive a fair defense. Understanding the legal landscape and available defenses can make a substantial difference in the trajectory of a case. If facing such charges, consult with the Law Office of Matthew V. Portella. For a free consultation and case review call us at (856) 310-9800 or reach out to us online.