All domestic violence victims are given the right to a temporary restraining order to protect them until the case goes to court. This means if you are charged with domestic violence, the court will order you to stay away from the victim, any children involved, and the home until the case goes to trial. It’s critical that you contact a New Jersey attorney who is experienced with defending domestic violence defendants. An attorney like Leon Matchin can lead you through the entire process. The goal is always to have the domestic charges against you dropped or at least downgraded to a charge with lesser consequences.
What is Considered Domestic Violence?
Domestic violence is when an act of physical, emotional, or sexual abuse is committed against someone you have or had a relationship with. These relationships include married couples, separated or divorced couples, people who live together or previously lived together, couples who dated in the past or who are dating now, or couples who have a child together or who are expecting a child.
A physical act of violence includes things like hitting, threatening to use a weapon to cause injury, or actually using a weapon to cause injury. Emotional abuse includes acts like insults or constant criticism. Usually, emotional abuse alone isn’t enough to get a domestic violence charge, unless it’s extreme. Finally, sexual abuse includes situations like sexual assault or rape.
With any one of the above acts of violence, a victim can file a domestic violence report with the police. The court will issue a temporary restraining order. Once a judge hears the case, they may issue a final restraining order.
What Your Lawyer Will Tell You About Your Domestic Violence Case
There’s a lot to understand when it comes to domestic violence cases. As the defendant, you want to be as informed as possible so that you can successfully work with your attorney for your trial. First, understand the charge you are facing: simple assault vs. aggravated assault.
Simple assault is the lesser of the two charges and can lead to jail time of up to six months and fines of up to $1,000. Aggravated assault is a criminal charge, and the penalty depends on the act of violence or if it’s a subsequent act. Penalties range from 18 months to 20 years of jail time.
How the Evidence Works
Once you know the charge you are facing, it’s time to understand how the evidence in these types of cases works. With domestic violence cases, they need civil standard evidence proof of preponderance. The plaintiff must bear the burden of proof and present evidence that is more credible than the defendant’s evidence.
This is very different from the criminal standard of evidence of proof beyond a reasonable doubt, where the plaintiff must prove the defendant is guilty to a level beyond reasonable doubt. This is the highest standard of proof in our justice system. In addition, to get the final restraining order, the plaintiff must prove there is a real need or concern on their part. Once you know all this information, it’s time for your attorney to get working on your case.
How a New Jersey Attorney Can Help
New Jersey attorney Leon Matchin has years of experience in helping those accused of domestic violence to defend themselves in court. The goal of a domestic violence trial is to have charges dropped or at least downgraded and to avoid a final restraining order. An attorney will always try to question the evidence of the plaintiff. For example, if all they have is a few text messages and emails with no medical records, the defendant’s attorney will attempt to prove that this evidence doesn’t qualify as proof of preponderance.
Are you feeling overwhelmed yet? Don’t worry – leave the legal jargon and defense creation up to your attorney. Your job as a defendant is to be honest and transparent when communicating the facts to your lawyer. In addition, learn from your attorney how you should act in court. This is in order to come across as professionally as possible.
Facing Domestic Violence Charges? Contact Leon Matchin Today
If you face domestic violence charges, you are probably feeling quite overwhelmed and unsure what to do. You most likely have a temporary restraining order placed and may worry the court will give a final restraining order. The best course of action is to hire an experienced attorney you can trust to defend you in court. Leon Matchin, a New Jersey attorney, has years of experience working with defendants accused of domestic violence. He can create a successful defense that will potentially have your charges dropped or downgraded. The other goal with domestic violence cases is to avoid a final restraining order.
For more information about domestic violence, reach out to Leon Matchin. Contact Leon by phone at 732-887-2479, or email him at [email protected]. He will set up a free, no-obligation consultation to review your case and go over your options.
Fax (732) 662-7660