If you’ve recently been accused or arrested in New Jersey for a domestic violence offense, it is critical to take immediate action to protect your rights and interests.
Domestic violence convictions carry serious consequences and can have a lasting impact on your life — including jail time, fines, and a loss of child custody.
Fortunately, you don’t have to face these charges alone. By working with a skilled and compassionate New Jersey domestic violence attorney, you can build a strong defense and fight for your rights in court.
This guide provides an overview of the state’s domestic violence laws, the legal process for handling a New Jersey domestic violence complaint, and the benefits of hiring a qualified criminal defense lawyer to represent you. We’ll also cover strategies for how domestic violence lawyers can help fight false accusations.
You can jump to any section below to learn more — or contact the Peyrouton Law office now for a free and discrete case evaluation of your criminal case.
Domestic violence in New Jersey refers to a pattern of behavior involving physical, emotional, verbal, and sexual abuse against a family member or any person someone has an intimate relationship with. Under New Jersey law, certain crimes may be classified as domestic violence if committed against a person who fits within the state’s defined categories.
The New Jersey Domestic Violence Act of 1991 differentiates domestic violence crimes from other crimes based on the relationship between the victim and the accused.
In general, prosecutors might consider an offense a domestic violence crime if you are connected to the alleged victim in any of the following ways:
Are the police being called to your home after an argument with your significant other? Or have you just been released after a mandatory arrest involving domestic violence accusations?
Regardless of any false domestic violence allegations against you, if there’s a criminal complaint against you, what you say and do next can dramatically affect the outcome of your case. So no matter what happens, it’s critical to understand and assert your rights.
It’s a common reaction for anyone accused of a crime — especially a false accusation — to try to tell their side of the story. But it never works, and you’ll likely give law enforcement more legal ammunition to use against you.
I can’t tell you how many clients have tried to talk their way out of charges only to find everything they said written into a police report.
So in the initial stage of the criminal justice process, you should first say nothing to law enforcement — except to say, “I want a lawyer.”
When you are free from custody, call (201) 686-9538 to set up a free consultation with an experienced domestic violence lawyer. We are available 24-7 to take your call!
We’ll cover these steps in more detail below. But upon your release from jail after an arrest, the criminal justice process typically follows this order:
Charges can range from simple assault to aggravated assault — an indictable offense (felony) carrying mandatory minimum prison sentences.
And in addition to assault charges, any of the following crimes may be considered domestic violence under the New Jersey Domestic Violence Act:
New Jersey domestic violence lawyer Alan Peyrouton has successfully defended countless clients facing domestic violence charges. He knows the law and the system — and we are here to fight for you.
Contact our law office at (201) 686-9538 or info@peyroutonlaw.com to schedule your free consultation today.
At Peyrouton Law, we believe it is essential to take the time to listen carefully to our clients and understand their unique circumstances. As we develop an effective legal strategy tailored to the needs of your domestic violence case, we will explain and update you on the legal process every step of the way.
When you hire Peyrouton Law, you can count on our team to do the following:
If appropriate, we will negotiate a plea deal that involves reduced or dropped charges and minimal penalties.
If it’s in your best interest, we will take your case to trial and fight for a not-guilty verdict.
No matter how complex or basic your case may be, we are here to protect your rights and fight for the best possible outcome.
And when you hire the Peyrouton Law firm, you will always get:
To schedule your free case evaluation with Alan Peyrouton, call our law office today at (201) 686-9538 or info@peyroutonlaw.com.
Domestic violence charges in New Jersey can be classified as a disorderly persons offense (misdemeanor) or an indictable offense (felony). But it depends on the specific charges.
For example, lower-level charges — including simple assault, stalking, or harassment — are generally classified as a disorderly persons offense. Because jury trials are not available for disorderly persons offenses, judges in local municipal courts hear these cases.
If convicted, the typical penalties for disorderly persons offenses include:
A simple assault charge, for example, may be elevated to a more severe aggravated assault charge if the incident involves a deadly weapon or if physical injuries suffered are severe. In cases like these, the charge is typically filed as an indictable offense and heard in the Superior Court.
The penalties for indictable offense convictions then depend on the degree of the felony, which escalates in severity:
Your domestic violence lawyer will be able to provide insight and advice on your case and the potential penalties you face.
If you have questions about your case, you can contact us 24-7 to schedule a free and confidential consultation.
If you are a victim of domestic abuse, you can request a Temporary Restraining Order against an abuser. A TRO is a court order that aims to protect you from further harm by requiring them to stop specific behaviors — such as assault, harassment, terroristic threats, criminal restraint, stalking, and sexual assault, among others.
You can request a TRO through the court or contact your local police department.
If you have recently been arrested or charged with domestic violence and received a Temporary Restraining Order, Peryrouton Law can help you fight your charges.
Restraining order violations can carry especially severe legal consequences.
If you are arrested again and charged with violating the TRO, you could face up to 18 months in jail. You will be charged with contempt of court (a felony) and may receive a final restraining order, which will never expire.
On top of possible jail and prison time, a criminal record for a domestic violence charge will haunt you long after you complete your sentence.
You may also face:
If you are facing domestic violence charges, do not go it alone. You need an experienced domestic violence attorney who can mount an aggressive defense and limit the potential consequences of a conviction.
Contact Peyrouton Law today. We are here to help you every step of the way.
Our law firm has vast experience securing favorable outcomes for clients facing every type of domestic violence charge. We are intimately familiar with NJ’s laws regarding domestic violence and will use all available legal opportunities to get your charges reduced or dismissed.
The details of your case and the charges against you will determine what defense strategies are available for your defense.
Some effective strategies we’ve used in domestic violence cases include:
When interviewing potential domestic violence attorneys, here are a few key questions that can help you find the right lawyer for your case.
That last question is critical because large law firms have multiple criminal defense attorneys on staff. So get confirmation that the lawyer you talk to during your initial consultation will be the one assigned to handle your case.
At Peyrouton Law, Alan Peyrouton will personally fight your domestic violence criminal charges from start to finish. And you can count on him to be available to answer your questions and provide sound legal advice throughout the process of your criminal case.
We understand that domestic violence charges can be incredibly stressful and overwhelming. We are here to provide you with compassionate support and knowledgeable legal guidance to secure your freedom and move beyond this difficult time.
To schedule your free and confidential consultation, contact us online or call (201) 686-9538.
With Alan Peyrouton handling legal representation for your domestic violence case, you can be confident that we will fight to protect your rights every step of the way.
Getting a restraining order lifted in New Jersey involves filing a motion with the Family Division of the Superior Court. The defendant must provide reasons for lifting the order and attach a transcript of the original hearing (if it exists) to the motion. If the domestic violence victim agrees to dissolve the restraining order, they must fill out an application at Family Intake.
In New Jersey, you can appeal a domestic violence conviction within 45 days by submitting the appeal to the Appellate Division of the Superior Court. The appeals court will review the case for errors, but they won’t hear new evidence or retry cases. The deadlines for filing an appeal are short and rigid. And because appeals can also be expensive and the courts rarely overturn convictions, it’s generally a good idea to discuss the appeals process with your attorney before deciding whether or not to pursue it.
The cost of hiring a domestic violence lawyers in New Jersey varies depending on the law firm and the complexity of your case. Most lawyers offer free consultations, so you can ask what their fees will be. Before hiring an attorney, ask about payment options and any additional costs associated with the case.
Most defense attorneys will answer this question with a decisive “no.” But here’s another way to look at it. If you want to increase your odds of being found guilty and receiving the harshest possible penalties in your domestic violence case, then representing yourself is a good idea. However, if you want the best chance of obtaining a dismissal or reduced charges — you should hire an experienced criminal lawyer.
In New Jersey, the time it takes an experienced domestic violence defense attorney to resolve criminal cases depends on various factors. These factors include the number of criminal charges filed against you and the severity of those charges. On average, it takes less than 30 days from the filing of a domestic violence complaint to the trial. However, the process could take longer if unusual factors delay or complicate the case.
NJ criminal defense lawyer Alan Peyrouton discusses everything you need to know about your legal rights and the law.
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Our criminal defense law firm handles criminal matters throughout Northern New Jersey — including, but not limited to, clients in the following localities:
BERGEN COUNTY, including Hackensack, Elmwood Park, Teaneck, Fort Lee, Rochelle Park, Fair Lawn, Garfield, Englewood, Bergenfield, Paramus, Mahwah, Cliffside Park, Ridgewood, Lodi, Lyndhurst, and Palisades Park,
PASSAIC COUNTY, including Paterson, Clifton, Passaic, Wayne, and West Milford;
HUDSON COUNTY, including Jersey City, Union City, Bayonne, North Bergen, Hoboken, West New York, Kearny, and Secaucus;
ESSEX COUNTY, including Newark, East Orange, Irvington, West Orange, Montclair, Belleville, Livingston, Nutley, Maplewood, and Millburn.
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200 Passaic St, Hackensack, NJ 07601
Phone: (201) 686-9538
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