Domestic violence is one of the most common types of abuse people encounter. This often gets neglected because as human beings we have a tendency to protect one of our own, even when that doesn’t solve the challenges we face. However, one must do everything they can to protect themselves, and their loved ones in the face of immediate physical danger, and secure mental wellbeing. Domestic violence is especially on the rise in New Jersey. If you are facing grave danger due to domestic violence, consider hiring a New Jersey restraining order defense lawyer immediately.
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Domestic Violence Types
The legal framework in New Jersey defines domestic violence in cases of homicide, stalking, criminal sexual misconduct, false imprisonment, harassment, and assault. These felonies each carry a very separate fine, and prison terms. However, these acts are treated especially severely if the defendant is a close relation to the victim. In order for charges to be slapped under the act of domestic violence, the victim needs to be either under the age of 18, a former spouse, step-parent, in relationship with the victim formerly, or a current household member as defined by the police.
Legal Process
Once the police respond to a domestic violence case, these are treated with utmost caution due to the physical danger these often present. Moreover, unlike most other cases, police are actively encouraged to look for signs to arrest the individual if necessary. For example, if a victim has suffered injuries, has made an accusation, they have probable cause for suspicion, or a weapon was used. Such arrests also result in immediate suspension of second amendment rights to own firearms. During these arrests, again, the police are encouraged to locate weapons and secure the victim’s life with permission to search by the victim. What this can mean for some is – if you are a victim kidnapped in new premises, you can give your permission to search the premises, and help the police locate the weapon if necessary.
Final Verdict
Domestic violence often results in the issuance of TRO or Temporary Restraining Orders, and FROs, or Final Restraining Orders. Apart from these orders, the victim can also ask for financial damages in terms of health insurance, child custody, and others. If you are being wrongly accused of domestic violence, a defendant can also lose their home, right to go home, and freedom to meet loved ones for good.
