How Misunderstandings Can Lead to Wrongful Domestic Violence Charges in New Jersey
Under New Jersey N.J.S.A. 2C:25-21a, a police officer is legally required to make an arrest if a victim “exhibits signs of injury.” This means that when an officer is called about a domestic disturbance and someone appears to be injured, it is likely that one of the adults in the household will be arrested. It is often difficult for the authorities to make a judgment within minutes as to whether the injured victim really is in danger or if the entire situation was the result of a misunderstanding or overreaction.
It is common for a neighbor or a passerby to hear a noise or to witness something that looks suspicious and for the authorities to become involved. While it is useful to have well-meaning citizens who look out for each other, it is important that proper investigative work is done and that individuals are not wrongfully charged with a serious crime such as domestic violence.
In general terms, the definition of domestic violence in New Jersey is a criminal act against a family member. Abuse (physical or sexual), assault, stalking, and harassment are all charges that fall under the umbrella of domestic abuse if the victim is a son or daughter, spouse, or family member living in the same household as the suspect.
A wrongful or mistaken arrest can lead to serious charges that may lead to incarceration and heavy fines. Additionally, when someone is convicted of domestic violence in New Jersey, they will have a criminal record. Individuals may also face custody issues and suffer social and professional consequences as a result of these charges.
The Princeton domestic violence attorneys at Lependorf & Silverstein understand the importance of fighting wrongful domestic abuse charges in New Jersey. If you or a loved one is facing domestic violence charges, please do not hesitate to call our law offices at 609-240-0040 for a free consultation to learn more about your legal rights.
