Domestic violence is a very serious problem in New Jersey. Each year thousands of domestic violence cases are filed. While many of the cases may have merit, there are many more instances where defendants are falsely accused. Husbands who are falsely accused of domestic violence face severe legal consequences. A court can evict a husband from his home. A domestic violence complaint can lead to heavy fines, counsel fees, and money damages. Moreover, child custody, child support, alimony, and other forms of emergent relief can be addressed in a Domestic Violence case.
It is also important to emphasize that once a domestic violence order is entered, the violation of that order carries the imposition of criminal penalties and the potential for jail. Therefore, because the stakes are so high, it is imperative that a zealous defense is mounted against a Domestic Violence charge.
The bottom line, a fact that your spouse and her attorney know too well, is that a conviction for a Domestic Violence charge can haunt a person for life. When you apply for employment, the background searches most likely will show that you were arrested and fingerprinted for a domestic violence charge. Often, dependent upon the position you apply for, companies do indeed check credit rating information and Department of Motor Vehicle Records. In today’s economy Companies have the luxury of hiring from hundreds, if not thousands, of applicants. If a job applicant has questionable marks on the criminal backgrounds search, then undoubtedly in many instances their resume will get discarded or that promotion will be but a fleeting vision.
In a majority of cases, domestic violence temporary restraining orders (TRO’s) are obtained through an ex parte court proceeding. The term “ex parte” means an application to the court without notice to the adverse party. The husband will usually receive a copy of the TRO within 24 hours after it was signed by the court and served by the local police department or county sheriff. A defendant who must defend against the charge is immediately under severe pressure to find legal representation and to assure “timeliness” in the judicial system.
In many cases it is advisable to obtain an adjournment to more fully prepare a thorough defense against the Domestic Violence charges. However, the temporary restraints issued by the court will remain in full force and effect until the final hearing. In most cases, the issuance of the TRO enjoins the defendant from returning to his home. In cases that involve custody, the temporary restraints may prohibit the defendant from having visitation with his or children. Therefore, it is important to weigh the benefits of obtaining an adjournment versus the detriments of having to live with the continuation of the restraints.
After a TRO is entered, the local police department or the county sheriff is required to serve a copy of the complaint upon the defendant. The complaint must allege that the act of domestic violence is based upon one or more of the following acts:
- Assault
- Terroristic threats
- Sexual assault
- Criminal sexual contact
- Criminal restraint
- Criminal trespass
- Harassment
- Stalking
The complaint will also indicate the date on which the alleged incident occurred, and the plaintiff’s claim as to what happened.
In most Domestic Violence cases, the question of whether an act of domestic violence occurred turns on credibility. This is because domestic violence cases frequently come down to the wife’s word against that of the accused husband. The wife’s credibility can be gauged in many ways, including:
- Is the wife’s testimony at odds with what was alleged in the DV complaint?
- Does the wife’s testimony at the DV trial conflict with her testimony at the TRO hearing?
- Is the wife’s testimony consistent with what she told the police at the time of the incident?
- Has the wife filed prior domestic violence complaints that have been proven to be frivolous?
- How much time elapsed between the alleged act of domestic violence, the report to the police, and the ultimate filing of the DV complaint?
- Can the wife document by photograph or any other means the injuries sustained from the domestic violence?
- Is there a pending divorce or child custody case where the w would obtain an advantage by the entry of a domestic violence order?
- Have the parties reconciled or had sexual relations since the alleged DV incident?
