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Domestic Violence

When you are married or in a committed relationship with someone you care about, you never expect to find yourself the victim or perpetrator of domestic violence.

Author: Paula Blackburn

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Simply put, domestic violence is a pattern of cruel, abusive behavior against a family member or someone you are involved with romantically. Most often, the perpetrator of domestic violence is a male, but in more and more cases, you will find that women are committing this horrible crime, too. Sometimes, women are protecting themselves with violence and are seeking retaliation against their abuser by doling out their own mistreatment.

Domestic violence is most often physical as it is difficult to prove emotional abuse in a court of law. Because of the serious nature of this crime and the harsh penalties a conviction of domestic violence carries, you need the help of an experienced domestic violence lawyer if you have been charged with this crime. Many states have enacted domestic violence laws, and even first-time offenders can find themselves behind bars for a very long time. A domestic violence attorney will explore all aspects of your history and plan a defense that will, hopefully, result in minimal time served, or the charge(s) being dismissed altogether.

Domestic Violence Has Serious Consequences

Police and judges take domestic violence seriously. With very little evidence, the court will usually approve a temporary restraining order, which means you are kicked out of your house and ordered to have no contact with your spouse/partner or your children. The temporary order may allow for visitation with your kids, and it may also require you to pay child support and alimony.

Within ten days, in most states, there will be a trial on whether to continue the restraining order and whether there is a basis for the criminal charge. The speediness of this process does not allow much time to plan your defense. For this reason, as soon as you find out your spouse or partner has “reported” any incident, you need to contact a criminal defense lawyer who handles domestic violence cases.

Your domestic violence lawyer will work to prove:

• The alleged abuse does not meet the criteria for domestic violence
• The alleged victim and children are not in any danger
• The accusations are tied to divorce or custody proceedings
• The victim made up allegations for immigration reasons

Violating a restraining order could be disastrous. You could lose any chance at custody or visitation if you have children and you can go directly to jail.

In addition to the restraining order, other penalties that can go along with a domestic violence charge in New Jersey include:

• Fines can be assessed against you
• You can be kicked out of your own home
• Child custody or visitation can be revoked
• You can be denied a license to buy or carry a gun if convicted of domestic violence
• You can be required to seek psychiatric help including anger management classes

About Author

If you live in Newark or Jersey City, New Jersey and have been charged with domestic violence, please visit the website of the Law Offices of Anthony Carbone, P.C. immediately and hire an experienced domestic violence lawyer who will work hard to keep you out of prison.

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