We’d like to think we live in a time when violence between domestic partners no longer occurs. Unfortunately, this sentiment is far from the truth. That said, many people are wrongfully accused of domestic violence every single year, and if you’re currently facing these accusations, you need a competent and aggressive domestic violence defense lawyer in your corner. Contact the Law Offices of Aditya Surti, LLC
Domestic Violence Defense Lawyer | Serving Clients in New York & New Jersey
A conviction for charges pertaining to domestic violence can ruin a person’s reputation and future, as well as destroy their family. Anyone wrongfully accused of such actions needs a skilled Middlesex County, New Jersey criminal defense lawyer on their side. We are here to help.
Domestic Violence Charges in New Jersey
As per the New Jersey law, domestic violence is defined as threatened or actual physical, sexual, emotional, or economic abuse of an individual by a person with whom they have or have had an intimate relationship. Most of the time, women are the victims of domestic violence, but men can be abused too.
Under the Prevention of Domestic Violence Act (PDVA) of 1991, the occurrence of one or more of the following crimes can constitute domestic violence:
- Terrorist Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
There are several remedies and legal protections available for victims of domestic violence in New Jersey. These include:
Apart from criminal prosecution, there are several legal protection offered by the state to the victims of domestic violence. The Address Confidentiality Program (ACP) is one such program where the victims can use a legal substitute address (usually a post office box) given to them by the court. Usually, this address can be used if public agencies need it. A first class mail that is sent to the substitute address is forwarded to the victim’s actual physical address.
Victims of domestic violence can also apply for Domestic Violence Restraining Order which is a court order issued by a judge. Initially, a restraining order is called a “Temporary Restraining Order” (TRO), which when made permanent, is called a ”Final Restraining Order” (FRO). The domestic violence victim may also file a civil lawsuit and child custody or spousal support orders against the abuser.
Domestic Violence in New York State
The New York State passed the Family Protection and Domestic Violence Intervention Act in 1994. The New York State law does not differentiate between domestic-violence-related crimes and other offenses, but several violent acts between the members of the same family or household are considered criminal acts.
Domestic violence involves a crime occurring between members of the same family or household, such as those who:
- Are related by consanguinity or affinity;
- Are legally married
- Are formerly married
- Have a child in common
- Have been in an intimate relationship even if not living together
As per New York Law, family offenses warrant a wide range of penalties. For example, a violent felony offense like a first-degree assault may result in 5 to 25 years in prison or a fine of up to $5,000. If a person is convicted of first-degree strangulation, then he/she may be imprisoned for 3.5 to 15 years and a similar fine of up to $5,000.
Domestic violence allegations are treated seriously, and rightfully so. Ensure that your rights are protected by speaking to an experienced domestic violence defense lawyer at once.
Contact a Domestic Violence Defense Lawyer Today
If you live in New York or New Jersey and are accused of committing an act of domestic violence, you need to contact a skilled attorney from the Law Offices of Aditya Surti, LLC today. We are here to combat your charges at every turn.