How to Defend Against False Domestic Violence Allegations in NJ

In this article, you can discover…

• What to do if you are accused of domestic violence in New Jersey.
• The evidence that can be used to either prove or disprove claims of domestic violence.
• Why you will need a private attorney if you are accused of domestic violence. 

What Is The First Thing I Should Do If I’m Accused Of Domestic Violence In New Jersey?

The first thing you will need to do is reach out to an experienced private criminal defense attorney. Be fully upfront and honest with your attorney about what did and did not happen so that they can best represent you.

Next, do not talk with anybody except your attorney about your case. Make sure that you don’t text or reach out to your accuser. Don’t post anything on social media about the charges you’re facing or the incidents that led up to the accusations, either.

What Should I Know About The Legal Process For Domestic Violence Accusations?

In a domestic violence case, there’s no discovery process, so you won’t get to see the evidence that the other party has against you. Simply prepare for trial, and prepare to potentially negotiate with the other party on terms such as attending therapy or anger management classes to avoid a final restraining order.

Having a restraining order handed down can be damaging with regard to your career, especially if you’re a teacher, law enforcement officer, or attorney. You may wind up on a national registry, which will have serious consequences for your career and your future.

Middle ground mutual civil restraints can be an alternative to restraining orders, allowing both parties fewer legal consequences and more flexibility with how to proceed.

What Evidence Can Be Used To Prove Or Disprove Claims?

Photographs of injuries on an alleged victim can be especially significant in a domestic violence case. If the other party sought medical treatment for their injuries, those medical records will be used as evidence, too.

Text messages can also play a key role, as they can help establish dates and times of contact as well as how you and the other party are candidly reacting to one another. To be frank, dozens or hundreds of text messages being sent over the course of a day won’t give the judge the impression of a calm or manageable dynamic.

Keep in mind that in New Jersey, you don’t need the other party’s permission to record them. So recordings of conversations, recordings of fights, and recordings of what unfolded in your living room can all be used as evidence in a domestic violence case.

What Are The Common Legal Pitfalls To Avoid In Domestic Violence Cases?

Many clients try to contact their accuser through a third party, such as a friend, parent, or co-worker. This can make things far worse. For example, one client of mine tried to send his accuser flowers through an intermediary to say that he was sorry, but he did this during the no-contact period, and it hurt his case.

Don’t try to reach out to your accuser, either directly or through someone else. Respect the no-contact order that is in place, and avoid all communication with the other party.

Why Is A Private Defense Lawyer So Important In New Jersey Domestic Violence Cases?

In New Jersey, you will not be offered a public defender if you are accused of domestic violence. Victims have access to “Legal Services”, but no such option exists for the accused. As a result, hiring a private attorney is your only option in New Jersey.

The consequences of a domestic violence conviction are permanent in New Jersey, and there is no opportunity for expungement. A conviction can ruin your career and truly follow you for the rest of your life.

Never try to defend yourself in a domestic violence case. This is far more serious than a speeding ticket. You will both need and want an experienced, detail-oriented criminal defense attorney to advise you, guide you through the legal process, and represent you before a judge.

Still Have Questions? Ready To Get Started?

For more information on domestic violence false accusations, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (848) 200-7833 today.