In New Jersey, domestic violence related offenses are punished severely. Acts of domestic violence are prosecuted in both the superior courts and municipal courts of New Jersey. An act of domestic violence is often prosecuted in municipal court if an individual is given a summons for a non-indictable offense. A summons is a ticket ordering an individual to appear in court. A summons is most often issued for disorderly persons, petty disorderly persons, or municipal ordinance violations. These charges may result in an individual being punished up to six months in jail.
Common disorderly persons violations in domestic violence incidents include: Harassment (N.J.S.A. 2C:33-4), Criminal Mischief (N.J.S.A. 2C:17-3), and violations of restraining orders when the defendant is not also charged with a disorderly persons, or indictable offense. (Contempt N.J.S.A. 2C:29-9).
Alternatively, an individual may be arrested and charged under a warrant. A warrant is a document ordering an individual to be arrested and detained. A warrant is most often issued for more serious offenses known as "indictable offenses." In New Jersey, indictable offenses are charged in degrees. Depending on the degree of the indictable offense, an individual could face many years in state prison. Common indictable offenses charged after an incident of domestic violence include, Terroristic Threats (N.J.S.A. 2C:12-3), Aggravated Assault (2C:12-1(b)(1)), and Kidnapping (N.J.S.A. 2C:13-1).
Because the penalties for domestic violence related incidents are severe, it is important to consult with a New Jersey lawyer. The law firm of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff handles domestic violence cases. If you would like to schedule a free consultation with one of our criminal lawyers, you can reach us at 908.322.7000. We are available 24 hours a day.
Free Consultations Available – New Jersey Domestic Violence Lawyer 908.322.7000
