Being accused of domestic violence can be a life-altering event in Gloucester. Your life and rights could be disrupted in the short term and the long run.
Even a single accusation of domestic violence, whether true or false, can have far-reaching consequences that can last for years to come. That is why it is crucial to have competent legal representation on your side as soon as charges are filed so that your rights are protected and that you receive the best possible defense. We can help defend against false accusations or argue to have your charges downgraded where there is evidence of abuse.
Call the Lombardo Law Group, LLC today at (609) 418-4537 to receive your free case analysis with our domestic violence defense attorneys.
What Constitutes Domestic Violence in Gloucester, NJ
In Gloucester, the laws regarding domestic violence are designed to provide comprehensive protection for victims. N.J.S.A. § 2C:25-17 defines a wide range of behaviors that can be classified as domestic violence when committed against someone with whom the perpetrator has a specific relationship. These relationships include current or former spouses, cohabitants, dating partners, or anyone with whom the perpetrator has a child or is expecting a child.
The statute includes a lengthy list of specific offenses that can be considered acts of domestic violence when committed against a victim in one of the above categories. These acts include many behaviors that are already considered crimes in Gloucester. However, the domestic violence designation provides additional protections and legal remedies for victims, such as restraining orders and counseling services.
The list of specific crimes is extensive and includes many offenses. These offenses include physical violence such as assault, criminal restraint, false imprisonment, kidnapping, and terroristic threats. Additionally, sexual offenses such as sexual assault and criminal sexual contact are also included. Other crimes on the list include criminal coercion, robbery, burglary, lewdness, criminal mischief, criminal trespass, harassment, stalking, and homicide. Each of these crimes carries serious legal consequences and can significantly impact the lives of those involved.
Domestic violence is not just limited to physical violence. It can also include sexual, emotional, psychological, and financial abuse. The determining factor is the type of relationship between the accused and the victim.
Criminal Penalties for Domestic Violence in Gloucester, NJ
Domestic violence is a serious offense that can have far-reaching consequences for those who are accused of committing it. If you are convicted of domestic violence, you will face penalties that are specific to these types of crimes, which can be more severe than penalties for similar crimes committed against someone who is not a domestic partner.
The range of possible domestic violence crimes is broad, which means that you might be charged with a higher-level offense that carries significant consequences. Depending on the type and severity of the domestic violence crime, you could be charged with a disorderly persons offense, which is similar to a misdemeanor, or an indictable offense, which is similar to a felony, under New Jersey law.
Disorderly Persons Offense Penalties
Disorderly persons domestic violence offenses refer to a broad range of charges such as simple assault, harassment, stalking, and other similar behaviors. If you are convicted of a misdemeanor domestic violence offense, you could face various penalties, including civil fines, which is usually a fine ranging from $50 to $500. You could also be put on probation for a certain period of time or even face imprisonment.
Indictable Offense Penalties
The penalties could be much more severe and life-changing if you face an indictable offense. Gloucester has four degrees of indictable offenses, and the penalty varies according to the degree of the offense.
For instance, a fourth-degree indictable offense can lead to imprisonment for up to 18 months, while a third-degree offense can result in a prison term of three to five years. Similarly, a second-degree offense can lead to five to ten years in prison, and a first-degree offense can result in imprisonment for up to 20 years.
Other Potential Consequences of Domestic Violence Charges in Gloucester, NJ
Facing charges of domestic violence can have serious long-term consequences, even after serving the initial punishment. A conviction for domestic violence can negatively impact your life in many ways. A domestic violence conviction can not only damage your reputation and relationships with family and friends but jeopardize many of your legal rights.
Separation from Your Family
When you were first charged with domestic violence, the judge likely issued a temporary restraining order against you. If your partner refuses to request a withdrawal of that restraining order, it could remain in place for an extended period of time.
This can have significant consequences. In custody disputes, domestic violence is often a critical issue that arises. If the courts determine that your presence poses a risk to your children, you could lose custody of your children or the right to visit them.
Trouble Finding Housing
When landlords are considering potential tenants, one of the things they often do is run criminal background checks. When it comes to domestic violence convictions, many landlords see this as a major red flag. This is because it suggests that the tenant could potentially cause problems with their neighbors or even cause damage to the property. As a result, some landlords might choose not to rent to someone with a domestic violence conviction on their record.
Loss of Employment Opportunities
It has become common for employers to conduct criminal background checks on job applicants before hiring them. If you have a domestic violence conviction on your record, it can create a negative impression, and in some cases, it might even lead to job termination.
Furthermore, if your conviction is classified as an indictable offense, it can severely limit your employment opportunities. For instance, having a felony on your record might disqualify you from teaching or working in security positions.
Lose Your Voting Rights
If you are convicted of domestic violence, you might lose your right to vote and be barred from holding public office or serving on a jury. This can significantly impact your ability to participate in the democratic process.
Lose Your Right to Carry a Firearm
If you are convicted of an indictable offense of domestic violence, you will lose your right to carry a firearm. This means that you will not be able to possess, purchase, or use a firearm in any way. Once lost, it can be nearly impossible to get these rights back.
Our Gloucester, NJ Domestic Violence Defense Attorneys Are Here to Help
To have your case reviewed by our domestic violence defense lawyers free of charge, contact the Lombardo Law Group, LLC by calling (609) 418-4537.
