Wednesday 30 October 2013

When You Are Charged With Domestic Violence

Whether you are falsely accused in a domestic violence case or you are a real culprit, the court of law is going to treat them very strictly through the whole proceeding. The author explains about what to do and what not to do if you are falsely accused in a domestic violence crime.


New Jersey takes Domestic Violence very seriously. Domestic violence in United States is a form of violence expressed by one partner or partners against another partner or partners in the content of an intimate relationship in the United States. (Ref: Wikipedia)
Partners involved in domestic violence can be married or not married; heterosexual, gay, or lesbian; living together, separated or dating.


New Jersey Domestic Violence attorney Joel Silberman1 states “In 1991, the State of New Jersey passed the Prevention of Domestic Violence Act to address violence between spouses and couples that live together. The Act provides two forms of relief. The first form of relief is Civil relief in the form of Temporary and Permanent Restraining Orders. The second form of relief is Criminal relief in which the accused is charged criminally.” (Ref: Domestic Violence, http://www.joelsilbermanlaw.com/our-practice/domestic-violence/)


Domestic Violence charges are very serious and the sentences in this type of cases are quite tough. It is also possible that a person is falsely accused of a domestic violence crime. Whether you are falsely accused in a domestic violence case or you are a real culprit, the court of law is going to treat them very strictly through the whole proceeding. Most of the time, everyone is sympathetic toward the abused, even if that person has not really been "abused" as he or she states.


If you've been falsely accused in a domestic violence crime,

  • First and most important thing is to speak with a domestic violence attorney having good experience. You will need proper legal advice at right time to build an adequate defense.
  • Never hide anything from your lawyer, not even a small thing. Answer all his/her inquiries truthfully and honestly.
  • Never admit to a crime you didn't do, even if it seems more favorable or easy to do so at the time.
  • If you are facing jail time, try to get out of it as soon as possible. It's difficult to create an adequate defense if you're in jail. It is also easy for your lawyer to assist you more thoroughly if he or she can contact you all times.
  • Ask your domestic violence lawyer about your rights and what you should and should not do when you appear for questioning or court.
  • Never speak with anyone about your case without your domestic violence attorney present.
  • File a Request for Production of Documents obtaining a copy of the accuser’s complaint/affidavit sworn out against you.
  • Be sure to document any conversation or incident that could later become a focus of attention in a courtroom.

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.


Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.