Thursday 9 April 2015

Is Domestic Violence a Felony?

Domestic violence is a broad term and can usually constitute violence between husband and wife, siblings, parents and children or same-sex partners.

Domestic violence can be considered a felony when:

  • A victim sustains serious injuries as a result of violence
  • Violence results in death of the victim
  • Violence committed on a minor or pregnant woman causes injuries
  • An act of violence or threat is done with use of a weapon
  • An act involves sexual assault or rape or forced sexual abuse
  • There is a history of domestic violence convictions

Contact Domestic Violence Lawyer in New Jersey

If you have been accused of domestic violence, then you should speak with a New Jersey domestic violence attorney at The Law Offices of Joel Silberman, LLC.
To contact The Law Offices of Joel Silberman, LLC, call (800) 889-3129 or email joel@joelsilbermanlaw.com visit our website http://www.joelsilbermanlaw.com/
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.
For original source of the article visit at 

Thursday 12 December 2013

N.J. Lawmaker Introducing Bill To Create Domestic Violence Offender Registry

New Jersey lawmakers are going to introduce a bill under which New Jersey residents who have abused their spouses and partners would be registered as sex offenders. Assemblyman Reed Gusciora (D-Mercer) wants to create a publicly accessible registry of those found to have committed domestic violence.

New Jersey lawmakers are going to introduce a bill under which New Jersey residents who have abused their spouses and partners would be registered as sex offenders. Assemblyman Reed Gusciora (D-Mercer) wants to create a publicly accessible registry of those found to have committed domestic violence.
Hudson County Domestic Violence defense attorney Joel Silberman1 says about Domestic Violence act in New Jersey that iIn 1991, the State of New Jersey passed the Prevention of Domestic Violence Act to address violence between spouses and couples that live together.
On 25th Nov. before Thanksgiving, Assemblyman Reed Gusciora announced on the radio that he was going to save the women of New Jersey from abusive “husbands and boyfriends” by introducing legislation that would create a registry for those found to have committed domestic violence.
It’s not safe to live or date someone who has this kind of history. This registry would at give some kind of warning if the person has a history of violence. The registry would be similar to the one that was established by Megan’s Law for sex offenders.
Gusciora said he introduced the measure because he’s a municipal prosecutor and has seen cases of women being abused by men who had hurt past partners.
The state currently keeps a database of domestic violence offenders but it is only accessible to police and the courts, the public cannot see it.
Further, NJ Domestic Violence offense Defense Attorney Joel Silberman puts, “New Jersey takes Domestic Violence very seriously. In fact, all the State’s law enforcement agencies and courts utilize a statewide Domestic Violence Central Registry that provides up to date information on all restraining orders that have been issued in the State.”

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.

1. Joel Silberman: New Jersey Criminal Defense Attorney 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.

Wednesday 20 November 2013

Are You Falsely Accused of Domestic Violence?

False accusation of domestic violence is very common these days. This is destructive to everyone involved. You may be put in jail and have public records of domestic violence, potentially loosing custody of a child, losing a job, professional licenses, etc. False accusations of domestic violence are most of the time utilized as a tool to obtain legal advantages over a divorce/custody case. In many instances a divorcing parent, mostly women, will make a false accusation of domestic violence against the man to gain custody rights over their children and ruining the other parent's life in many ways.
New Jersey Domestic Violence Attorney Joel Silbermansays about Domestic Violence in New Jersey, “New Jersey takes Domestic Violence very seriously. In fact, all the State’s law enforcement agencies and courts utilize a state wide Domestic Violence Central Registry that provides up to date information on all restraining orders that have been issued in the State. In addition to Criminal consequences, Domestic Violence issues and convictions can often have a detrimental effect on Family Law matters including child custody disputes.”(Ref: The Law Office of Joel Silberman, LLC, http://www.joelsilbermanlaw.com/our-practice/domestic-violence/)
If you are falsely accused of domestic violence in New Jersey, you should do the following:
  1. If you are arrested for a domestic violence case, first thing to do is to retain a domestic violence lawyer who has experience of these types of false abuse cases before. As you only have about 14 days before the evidentiary hearing so contact a domestic violence lawyer immediately. Proper legal advice at right time is pertinent to build an adequate defense in a court of law. Speak with your lawyer about your rights and what you should and should not do when you appear for questioning or court.
  2. File a request for production of documents obtaining a copy of the accuser complaint/affidavit sworn out against you. This can be used as a reference in case they ever contradict their original statement.
  3. Never confess to an act you didn't commit, even if it seems more favorable or easy to do so
  4. at the time. Try to make bail as soon as possible if incarcerated so you can try to mend the relationship and/or gather evidence, witnesses and character references in your defense.
  5. Take out a mutual DVI against your accuser so that they are not allowed to come near you and to also discourage any further antics.
  6. If there is a restraining order out against you, be sure to strictly abide by all the terms and conditions. The accusing party will most likely try to get you to break it and cause you to be in violation so you face further legal repercussions. If the other party ever contacts you claiming that they "need" to see you, then keep a written log of their attempt. This will prove to the court that the accuser doesn't believe that they are in any real danger.

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.

1. 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.

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.