Can You Face Domestic Violence Charges When the Victim Does Not Press Charges?
Whenever the authorities are called to check on a potential domestic violence situation, they are legally obligated to act if they believe that someone is in physical danger. Officers will immediately try to determine if someone is in harm's way, if someone has been hurt, and if there are signs of violence. If it appears that the alleged victim is injured or fears for his or her safety, there is a good chance that the other person involved will be taken to a police station.
New Jersey police officers are obligated under New Jersey Statute 2C:25:21 to take a domestic violence suspect into custody if the victim "exhibits" signs of an injury. "The word, 'exhibits,' is to be liberally construed to mean any indication that a victim has suffered bodily injury, which shall include physical pain or any impairment of physical condition." Arresting officers must take into consideration the history of domestic violence between the parties involved, the extent of the injuries suffered, and any other relevant factors that may apply to the incident or the case.
Once the authorities are involved, it is in their hands to decide whether or not the New Jersey abuse suspect will face charges. Even if the alleged victim does not want to press charges, the authorities may still charge the suspect with domestic abuse or domestic violence.
The Princeton domestic abuse defense attorneys at Lependorf & Silverstein have successfully represented individuals who have been wrongfully charged with domestic abuse or domestic violence. We have years of experience handling domestic violence cases throughout New Jersey and we know how to protect our clients from unnecessarily harsh penalties and wrongful allegations. Call our offices today at (609) 240-0040 to discuss your case at absolutely no cost.
