When there is physical abuse as well as threats and other harm being done by one person to another who either have a close family relationship or social/ romantic relationship this is considered to be domestic violence.
Domestic Violence Defined
The term “domestic violence” is used to categorize types of physical and mental abuse from one party to another who have a close relationship either through social interaction or familial relation. Examples of these types of relationships that would fall under domestic abuse include dating, married, share children, or live together. Most commonly, domestic violence incidents occur when a male partner attacks their female partner although there is no restriction on gender or sexuality when it comes to domestic violence. Additionally, stalking as well as minor physical attacks can qualify as domestic violence.
Domestic violence according to most state laws has been determined to be a separate and distinct crime. This means that if someone attacks another person whom they do not know will likely be charged with assault and battery rather than domestic violence. On the other hand, if a person attacks someone that they either live with, have a close relationship, or have a familial connection to they will indeed be charged with domestic violence. Because of each parties relationship with each other it is common for the prosecution team to request a harsher sentence as opposed to a simple assault and battery. Additionally, it is also common for a judge to attach some type of restraining order to a sentence in order to keep the attacker away from the victim, which can often be necessary considering the relationship between the two parties.
Many times prosecution teams as well as police may find it difficult to charge and convict domestic violence perpetrators due to the victim’s or others failure to report an attack abusive behavior because of their close relationship with their attacker and may fear even worse repercussions from the attacker if they find out that they had been reported for domestic violence. It can also be a financial issue for many people who live and depend on the income of their abuser. Similar to this, victims can also be extremely hesitant when asked to testify against their attacker in court.
Consult with an Experienced Lawyer
Being accused or charged with domestic violence is very serious and requires insightful knowledge of state and federal laws in order to receive a favorable sentence or possible acquittal. An experienced New Jersey criminal defense lawyer can explain to you the intricacies of the law and what the proper steps to take are. If you have been charged with domestic violence, contact John W. Tumelty today so that you can receive the best result possible.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.