Over the years, plenty of movies, television shows, and books shed a light on domestic violence. Yet, despite a wealth of information on the subject, domestic violence can still be difficult to understand. After all, every state carries its own interpretation of what domestic violence entails, as well as how the law punishes those charged and convicted with this serious crime. Additionally, certain situations that seem to be domestic violence at first glance may have been misinterpreted.
New Jersey defines domestic violence quite broadly. Someone who commits homicide, sexual assault, burglary, stalking, kidnapping, lewdness, false imprisonment, criminal mischief, or several other specific actions against a legal adult or emancipated minor can be charged with domestic violence. The relationship between the accused and the victim must have a domestic angle, such as involving romantic partners or people living in the same household.
What Happens After a Domestic Violence Complaint is Filed?
After a victim files a formal complaint against someone who allegedly committed domestic violence, the victim will be required to undergo interviews. When the case is brought to the court, the judge may issue a temporary restraining order to protect the victim against the accused. At this point, the accused may not be able to go home, let alone be around the victim, because doing so could violate the restraining order. A restraining order violation can magnify the problem, leading to the accused being arrested and fined.
If the victim and alleged abuser are in a romantic relationship and get back together, the victim will need to tell the courts. At that point, the temporary restraining order will be lifted. However, the restraining order may remain on the accused’s record, which can be problematic. If the couple is involved and does not get back together, they will go to court within a couple of weeks after the restraining order has been issued. The court will hear the domestic violence case and make decisions on how to move forward.
Does Accusation Equal Conviction?
Being accused of a crime, such as domestic violence, does not automatically mean that the accused will be convicted. However, merely being accused and arrested can be a significant moment for anyone. When police are called to a scene of potential domestic violence, they are forced to decide on the spot. Even if they are not entirely sure domestic violence occurred, they may err on the side of caution and place the possible abuser under arrest.
Being arrested can have ramifications, such as the individual losing a job. Even being accused of a crime like domestic violence can be devastating, particularly for people in high profile positions. Solid criminal defense lawyers can help clients put together a strong case if they were falsely accused of domestic violence, which can and does occur to both men and women.
Cherry Hill Criminal Defense Lawyers at Aita Law, LLC Represent Individuals Accused of Domestic Violence
If you were arrested for alleged domestic violence, contact a Cherry Hill criminal defense lawyer at Aita Law, LLC today. We will review your case and obtain the justice you deserve. For a free consultation, call us at 856-287-7800 or contact us online. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Camden County and Cherry Hill.