Facing A Domestic Violence Charge! What's Next?
Domestic Violence charges are commonly filed when people have contentious relationships – and sometimes when one person seeks an advantage in the breakup of a relationship.
Just as often, however, one party in a relationship is victimized. When that happens, New Jersey's domestic violence law is a powerful tool that punishes abusers and protect victims from further abuse.
Is Domestic Violence a Criminal Offense?
Domestic violence is a civil offense. However, a domestic violence incident always involves an underlying criminal offense. Therefore, a person accused of domestic violence faces both civil and criminal penalties - up to six months of incarceration and a fine of up to $1,000 for a disorderly person offense. Simple assault and harassment are examples of disorderly persons offenses.
Serious felony offenses start with fines of up to $10,000 and 18 months in prison for fourth-degree crimes. Third-degree crimes carry prison sentences starting at three to five years with fines of up to $15,000. Second-degree offenses have prison sentences of between five and ten years and a fine of up to $150,000. First-degree offenses generally carry prison terms of between 10 and 20 years; however, some first-degree homicides and kidnapping carry even longer prison terms. The fine for a first-degree offense can be as high as $300,000.
What Crimes Give Can Be Used to Charge Domestic Violence?
In New Jersey, domestic violence is defined as the commission of one or more offenses listed against any person the offender has or had an intimate or familial relationship with:
Homicide.
Robbery.
Simple and felony assaults.
Terroristic threats.
Kidnapping, false imprisonment, and criminal restraint.
Criminal coercion.
Sexual assault, criminal sexual contact, and lewdness.
Criminal trespass and criminal mischief.
Harassment, cyber-harassment, and stalking.
Burglary.
Any other offense involving risk of death or serious bodily injury.
Finally, contempt of a domestic violence restraining order is a fourth-degree criminal offense.
Who Can Charge Me with Domestic Violence?
Almost anyone you have an intimate or familial relationship with can file domestic violence charges against you. The list includes your spouse or civil union partner, your girlfriend, your boyfriend, your parents, your children, and anyone who lives with you, including roommates. Former spouses or significant others may also file a domestic violence complaint against you.
Will I Lose My Job If I'm Convicted of Domestic Violence?
Unfortunately, some individuals convicted of domestic violence will lose their jobs. And finding new employment will be difficult.
Professional Licenses: If you hold a professional license, you’ll lose it. Any license issued by the State of New Jersey can be taken from a person convicted of domestic violence. This includes a teaching license, a law license, and a medical license. Nursing, psychology, and social worker licenses are also subject to forfeiture. That means your investment in education and a career will be lost.
Public Service Employment: If you hold public service employment such as public-school teaching, law enforcement, or firefighting - you will lose your job.
General Employment: If you are convicted of domestic violence, you cannot work in childcare professions, trades that involve handling weapons, or jobs affecting the transportation of dangerous materials.
Employer Background Checks: Certain domestic violence offenses can never be expunged and become part of your permanent record. Domestic violence offenses involving kidnapping, aggravated sexual assault, and aggravated criminal sexual contact cannot be sealed.
If your domestic violence offense can be expunged, there is still a long waiting period before you can ask the court to seal your record. The waiting period for disorderly persons offenses is five years after you complete your sentence. The waiting period for an indictable domestic violence offense is six years after you complete your sentence.
If you seek employment during the waiting period, your record will be available to prospective employers conducting background checks.
What Else Can Happen?
Child Custody: A parent's history of domestic violence must be considered by a court determining child custody. See N.J.S.A. 9:2-4 Unfortunately, many judges incorrectly presume a person convicted of domestic violence should not have primary custody over children and limit a convicted offender's parenting time by imposing supervised visitation or supervised exchanges of the children. See R.K. v. F.K., 437 N.J. Super. 58 (App. Div. 2014).
Weapons Forfeiture: Persons conviction of domestic violence are prohibited from owning firearms and must surrender any weapons they have.
Get Professional Representation to Protect Yourself
If you are the victim of domestic violence you must retain a trial attorney to prosecute your case. You will not get the protection of a final domestic violence restraining order unless you prove your case at trial.
If you are charged with domestic violence, protect yourself with representation by an experienced attorney.
Ernest G. Ianetti, Esq. has been practicing criminal law for over 30 years. Mr. Ianetti is a trial attorney. He knows the ins and outs of prosecuting and defending criminal charges. He has represented clients charged with serious offenses, including capital murder, robbery, and felony assaults.
Our office will work to resolve your case, but we believe the best outcomes are reached through vigorous trial preparation and trial when necessary.
Ernest G. Ianetti, Esq., represents victims and those accused of domestic violence. Our office is conveniently located in the Rockaway Townesquare Mall complex. We represent clients from Morris County and surrounding areas, including Sussex County, Essex County, Union County, and Passaic County. To schedule a FREE Consultation, click here.
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