Domestic Violence Law Monmouth County, NJ

Domestic Violence Law

Domestic violence law provide rules and regulations for punishing criminals who cause harm, whether physically or emotionally, to others in their family or whom they share a relationship. The laws also provide protections to those who have been harmed by domestic violence. In 1994, Congress recognized domestic violence as a national crime, however most cases are prosecuted and managed under state law.

Responding to Allegations

If you are accused of domestic violence, the most important rule to remember is “obey the courts orders.” Regardless of the accuracy of the accusation, the fact that you have been accused creates a critical situation. Once the allegation has been made, the court will impose rules that will make it almost impossible to meet with the accuser. This doesn’t only apply to direct contact. You may also be forbidden from contacting them via phone, email, social media websites, or through a third party. Failure to comply could result in jail time, as well as severely damage your case. The safest course of action is to contact an attorney for help.

Legal Options

After consulting your attorney, the defendant should fully understand the court proceedings, as well as the options available to them. There are two ways a case can be resolved. The first is that the defendant can challenge the allegations by going to trial. The second is that they can declare a guilty or no contest plea in exchange for a lenient penalty. The decision to proceed lies solely on the defendant.

 

Civil Remedies

From the standpoint of a victim of domestic violence law, the most important thing is personal safety. Under 42 U.S.C. Section 10606(b), a domestic violence victim has the following rights:
1) The right to be treated with fairness and with respect for the victim’s dignity and privacy;

2) The right to be reasonable protected from the accused offender;

3) The right to be notified of court proceedings;

4) The right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at the trial;

5) The right to confer with the attorney for the Government in the case;

6) The right to restitution;

7) The right to information about the conviction, sentencing, imprisonment, and release of the offender.

 

An Attorney Can Help

The sequences of domestic violence can leave a lasting impression and have a significant impact, not just for the two parties, but for everyone involved. If you, or someone you know has been accused, or may be a victim of domestic violence, contact a domestic violence attorney right away!

Our law office is located in Manalapan. Contact us by contact form or call (732) 972-1600 to schedule a convenient appointment. Evening and weekend appointments are available.

We take cases throughout New Jersey, to include Monmouth, Middlesex, Ocean, Somerset, Burlington, Mercer, Morris, Bergen, Essex and Hudson Counties.

How can we help you?





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