Facing criminal charges can be quite stressful and it can be overly complicated when associated with domestic violence. If you have been investigated for criminal activity or have been formally charged with a criminal offense, you worry about getting penalties like prison and jail time. Although you can concentrate on completing your sentence and starting a new life afterward, a criminal conviction can lead to lingering consequences.
For instance, possible employers can see your criminal record on their pre-employment background checks unless the record has been expunged. If the crime is sex-related, it can take a long time for your name to be removed from the sex offender registry even after you have completed your sentence. Thus, a criminal case can impact your finances and public record. To exercise your rights, reach out to an experienced criminal defense attorney. Visit this website to start an initial consultation with one of the best attorneys in the city.
In cases that involve domestic violence, the case directly impacts your family relationship. Once you and your spouse get into an argument, you can talk things out and just reconcile. However, when the police arrive in your home and charge you with domestic violence, getting the trust of your in-laws again will be an uphill battle.
What is Domestic Violence?
When it comes to domestic violence, people usually think of a husband physically abusing his domestic partner or wife. But different crimes can constitute domestic violence in Jersey City and not all of them involve physical harm to a victim. Under state law, violent crimes can be categorized as domestic violence if the victim is the current or former spouse, dating partner, or domestic partner of the defendant. Also, such crimes can be considered domestic violence by law if the two parties involved have a child together, whether or not they have a romantic relationship.
Domestic violence laws in New Jersey apply if the police accuse a person of committing assault, aggravated assault, kidnapping, criminal sexual conduct, harassment, false imprisonment, stalking, sexual assault, and criminal threats. Some of such crimes involve physical violence, but others just involve the threat of physical violence. Under the state’s Prevention of Domestic Violence Act, domestic violence victims can easily secure temporary protective orders against the alleged offender. If this happens in your case, you will be prohibited from being near your ex or partner until your case is resolved. How long the protective order stays in effect depends on some factors including whether you get a domestic violence conviction.
Impacts of Domestic Violence on Family Law Cases
Just because you have been arrested for alleged domestic violence does not automatically mean you formally get a criminal conviction. Sometimes, you will not get criminal charges at all. However, even if the case ends quickly, it can significantly affect your divorce or custody case. Normally, the state doesn’t assign fault in a divorce case. People can get a divorce just because they do not want to be married to their spouses anymore.
If domestic violence records are presented during divorce proceedings, this can hurt your case. If a judge thinks you threatened your spouse with violence or physically abused them, they may not grant the assets you want in your case.
In a child custody case, domestic abuse allegations have even worse consequences, whether or not the children witnessed the alleged violence or threats. Courts order parenting plants for minor children with unmarried parents. These plans outline the parent who will be with the child on certain days of the year and the way the parents will distribute responsibility for the child. Such decisions cover the child’s education, transportation, and non-emergency medical care. A domestic violence history can make the judge decide not to provide you with much parenting time.
