As per New Jersey’s Prevention of Domestic Violence Act of 1991, domestic violence is recognized as when an individual abuses someone with whom they currently have or previously had a relationship. For example, a former spouse may commit domestic violence against their ex by physically or sexually assaulting them. Or, a parent may commit domestic violence against their child by kidnapping them from their primary residence. There are a lot of instances that may constitute domestic violence, but the moral is that they may all be considered and tried as criminal offenses in the state of New Jersey. So, with that being said, please follow along to find out the potential criminal consequences for domestic violence and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can help prove your innocence at your upcoming court proceedings.
Are there criminal penalties for domestic violence in NJ?
You may be charged with a different criminal offense depending on the specific circumstances surrounding your domestic violence incident. For example, if your incident included simple assault or harassment, you may be charged with a disorderly persons offense. Or, if you were in possession of a weapon at the time of your incident, you may be upgraded to an indictable offense. Without further ado, below are the potential criminal consequences for each offense:
- A disorderly persons offense:
- A jail sentence of up to six months.
- A fine of up to $1,000.
- Attendance at anger management courses.
- A fourth-degree indictable offense:
- A prison sentence of up to 18 months.
- A fine of up to $10,000.
- Attendance at anger management courses.
- A third-degree indictable offense:
- A prison sentence of three to five years.
- A fine of up to $15,000.
- Attendance at anger management courses.
- A second-degree indictable offense:
- A prison sentence of five to 10 years.
- A fine of up to $150,000.
- Attendance at anger management courses.
- A first-degree indictable offense:
- A jail sentence of 10 to 20 years.
- A fine of up to $200,000.
- Attendance at anger management courses.
What are the civil penalties for domestic violence in the state of New Jersey?
In addition to having to defend yourself at criminal court proceedings, you may also have to present your case in civil court proceedings. This is because the alleged victim of domestic violence holds the right to pursue civil action against you. If they are successful in their case, they may obtain a restraining order against you. While a restraining order may not go on your permanent criminal record, violating it may be considered criminal contempt. What’s more, the civil court may order you to pay compensatory and punitive damages.
This is all to say that you want to do everything in your power to be found not guilty and not at fault for domestic violence in your criminal and civil court proceedings, respectively. Before entering the legal arena, you must retain the services of a talented Morristown criminal defense lawyer. Reach out to Graves Andrews, LLC today.
