Criminal vs. Civil Domestic Violence Charges
Domestic Violence Attorneys Spring Lake, NJ
Serving Clients in Ocean and Monmouth County towns including Neptune, Wall, Toms River, Jackson, and all of Central New Jersey
Domestic violence is a very serious offense in New Jersey. The legal definition of domestic violence, also sometimes referred to as domestic abuse, covers a wide range of actions pursuant to New Jersey Revised Statutes Section 2C:25-19. It is important to understand that domestic violence may be considered both a criminal and a civil offense in our state. Therefore, it is possible to be found guilty of a civil offense without ever standing criminal trial and vice versa. When it comes to family law, a history of domestic violence may have an impact on other legal issues such as divorce, child custody, alimony, and others.
At The Bronzino Law Firm, our qualified domestic violence attorney have extensive experience serving clients across Monmouth County and Ocean County towns such as Asbury Park, Neptune, Manasquan, Wall, Jackson, Brick, Point Pleasant, and across Central New Jersey. We believe in resolving family law disputes outside of the courtroom when possible, saving our clients time, money, and the headaches of the formal legal process. However, we are always willing and able to tenaciously defend our clients’ legal rights through formal litigation when necessary.
To learn more about domestic violence and how it may impact your divorce or other family law disputes in New Jersey, please call our Brick, NJ or Sea Girt, NJ offices today at (732) 812-3102 for a free and confidential consultation.
Civil Domestic Violence Attorneys Asbury Park, NJ
As mentioned in the introduction, domestic violence has a strict definition in New Jersey. After filing for a temporary restraining order, you will be given a court date within ten (10) days to determine the validity of your claims of domestic violence. Our Asbury Park family law attorneys help our clients prove or disprove the following actions took place when it comes to civil domestic violence charges:
- Terroristic Threats
- Sexual Assault
- Criminal sexual contact
- Much more
Civil domestic violence cases are typically aimed towards getting a final restraining order. If a final restraining order is granted on account of domestic violence, future family law proceedings may use that history as proof of domestic violence in the past.
Point Pleasant Domestic Violence Criminal Defense Lawyers
When it comes to criminal charges surrounding domestic violence, the evidence presented is often quite similar to typical civil court hearings. Depending on the nature of the case, a criminal conviction may require a higher degree of evidence, but our Point Pleasant domestic violence lawyers understand that each case is considered individually. However, criminal cases will not consider the results of a civil case as evidence towards a criminal conviction.
It is important to understand that criminal cases regarding domestic abuse will typically be refined to the specific wrongdoing. For example, charges may be for assault, simple assault, or sexual assault, rather than a blanket charge for domestic violence. For this reason, criminal cases involving domestic violence can vary dramatically, with charges ranging from disorderly persons all the way to first degree felonies.
Do Domestic Violence Convictions Affect Monmouth County Family Law Cases?
There are a litany of ways in which a history of domestic violence can alter family law proceedings. Our Monmouth County domestic abuse attorneys believe that family law is personal in nature, and when an individual’s character is called into question, that can become a major factor. With that being said, there are two issues which are impacted the most heavily by a history of domestic abuse:
Grounds for divorce – domestic violence is one of the many potential grounds for fault divorce in New Jersey when it takes the form of “extreme cruelty”. If you and your Monmouth County family law attorneys can prove that domestic abuse took place involving physical, psychological, or sexual abuse, you may pursue fault divorce. Fault divorce may have trickle down effects, particularly in the area of alimony.
Child custody considerations – when the courts rule on proper child custody terms, they consider the needs and concerns of the children involved first and foremost. When either co-parent has demonstrated that they are a danger to their family members through a history of domestic violence, that will be heavily weighted. It is also worth noting that false accusations of domestic violence may be taken equally seriously, as that is an indication that the accuser is not mentally fit to be a dependable parent.
Questions about Domestic Violence? Contact our Family Law Attorneys with Offices in Sea Girt and Brick, NJ Today
Family law and divorce attorney Peter J. Bronzino is proud to protect his clients’ legal rights throughout domestic violence hearing across Ocean and Monmouth County communities such as Brielle, Neptune, Manasquan, Wall, Toms River, Brick, Jackson, and across Central New Jersey. Our firm believes that issues of domestic abuse are of the utmost importance, whether you have been a victim of wrongdoing or if you have been falsely accused of abuse. Our smaller firm size allows us to provide focused, high quality legal services to our clients and their families all while charging fair and reasonable rates. Find out why our clients have given Attorney Bronzino glowing testimonials time and time again.
If you or a loved one has any concerns regarding domestic violence in New Jersey, please contact us online or through our Sea Girt or Brick, NJ offices today by calling (732) 812-3102 for a free and confidential consultation.