Ocean County Family Lawyers Assist with Issues of Domestic Violence

Toms River firm handles legal proceedings arising from alleged instances of abuse 

Whether you were victimized by a relationship partner or are being accused of domestic violence, it is imperative to hire an experienced lawyer as soon as possible. At Rehrer & Rehrer Attorneys at Law, our Toms River attorneys have experience handling domestic violence and domestic abuse cases, which has equipped us with the skills to provide the reliable legal representation you need. From start to finish, we examine the circumstances of the incident, talk to witnesses and build an effective case to increase the likelihood that you will obtain an appropriate result. 

Dedicated counselors assist with all types of domestic violence cases

In New Jersey, domestic violence is defined a pattern of physical, emotional verbal and/or sexual abuse, which includes, but is not limited to, threats, intimidation, isolation and/or financial control.  Domestic violence includes both opposite-sex and same-sex relationships and can happen in an intimate relationship where people are married, living together or dating. The following acts can qualify as domestic violence in New Jersey under the Prevention of Domestic Violence Act (PDVA):

• Homicide (N.J.S.A. 2C:11-1 et seq.)
• Criminal Sexual Contact (2C:14-3)
• Assault (N.J.S.A. 2C:12-1)
• Lewdness (N.J.S.A. 2C:14-4)
• Terroristic threats (N.J.S.A. 2C:12-3)
• Robbery (N.J.S.A. 2C:15-1)
• Stalking (N.J.S.A. 2C:12-10)
• Criminal Mischief (N.J.S.A. 2C:17-3)
• Kidnapping (N.J.S.A. 2C:13-1)
• Burglary (N.J.S.A. 2C:18-2)
• Criminal Restraint (N.J.S.A. 2C:13-2)
• Criminal Trespass (N.J.S.A. 2C:18-3)
• False Imprisonment (N.J.S.A. 2C:13-3)
• Contempt (N.J.S.A. 2C:29-9b)
• Criminal Coercion (N.J.S.A. 2C:13-5)
• Harassment (N.J.S.A. 2C:33-2)
• Sexual Assault (N.J.S.A. 2C:14-2)
• Cyber Harassment (N.J.S.A. 2C:33-4.1)
• Any other crime involving risk of death or serious bodily injury

 Individuals accused of domestic violence face serious potential consequences, such as:

• Incarceration
• Entry of a final restraining order
• Prohibition on returning home
• Prohibition on spending time with children or supervision requirement
• Job loss
• Eviction from apartment
• Loss of firearms permit
• Revocation of legal immigration status
• Mandatory enrollment in a domestic violence treatment program
• Imposition of fine

At Rehrer & Rehrer Attorneys at Law, we can guide you through the necessary steps to protect yourself and keep the situation from getting worse.

Classification of domestic violence

New Jersey’s Prevention of Domestic Violence Act (PVDA) states that a crime qualifies as domestic violence if the victim and the accused have one of the following relationships:

• They are married to each other or were married at one time, but are now separated or divorced
• They live together or previously lived together
• They are dating or previously dated
• They are both parents to a child who has been born or conceived

There have been recent changes to the PDVA which include provisions where in case of cyber harassment or coercive control, the aforementioned relationship need not exist. 

The nature of a domestic violence case and the language of the PVDA often mean that someone faces harsher punishment if they know their accuser. You might wind up requiring defense against a criminal prosecution as well as representation in a civil Family Court matter where your accuser tries to prevent you from going to certain places or speaking with your children. 

Penalties in domestic violence cases

Depending on the specific offense, a domestic violence charge could be filed as a disorderly persons offense or an indictable offense, which is more serious. These categories are similar to what other states refer to as misdemeanors and felonies, respectively. For example, a simple assault that qualifies as domestic violence is a disorderly persons offense that can be punished by up to six months in jail. However, an aggravated assault is a third-degree indictable offense that carries a potential prison sentence of three to five years. Authorities must adhere to special rules when handling a domestic violence case. Police officers are required to arrest an alleged abuser and notify the victim that they can obtain a restraining order. Regardless of whether you believe the allegation has merit, you should take a domestic violence charge very seriously because it could affect your parental rights and ability to communicate with people on top of any criminal sanction. 

Protective orders for individuals victimized 

After an incident of domestic violence, the victim can apply for a restraining order in the Family Division of Superior Court. This can be done at the police department if the court is closed. A judge reviews the application and then can grant a temporary restraining order (TRO) that can prevent the alleged abuser from making contact with the victim, going to the victim’s residence and approaching them outside of their home. The alleged abuser is not present while the judge reviews the TRO application. If granted, the TRO can remain in effect for up to 10 days. At that point, a hearing will be held before a judge to decide if a Final Restraining Order (FRO) should be issued. The alleged abuser is summoned to appear at this hearing and it is very likely that they will try to oppose restrictions on their movement and communications. Having an experienced family law attorney representing you could be the difference between the imposition of an FRO that protects you and your children and a result that leaves you reasonably fearful of another attack.  

Contact a New Jersey lawyer to discuss a domestic violence case 

Rehrer & Rehrer Attorneys at Law represents victims and accused individuals in legal proceedings involving charges of domestic violence. From our office in Toms River, we serve clients throughout Ocean County and nearby areas. Please call 848-480-1527 or contact us online for a confidential case evaluation.