Morris County Domestic Violence Lawyer

Protecting Your Future & Freedoms - 973-832-0841

Arrested for domestic violence? These charges are taken very seriously by law enforcement, prosecutors, judges, and juries. A conviction could have devastating consequences. However, this crime can often be charged due to misunderstandings or mistaken identity, among other situations. At The Law Offices of Joseph S. Scura, we can help you understand the charges against you as well as the legal options you may have available.

For three consecutive years, Attorney Joseph Scura has been selected as one of the Rising Stars™ in New Jersey criminal defense by Super Lawyers® Magazine. His clients know him as a fearless advocate with unmatched attention to detail. Whether you are dealing with a simple misdemeanor such as a disorderly conduct charge or something more serious like a federal crime, having the help of a diligent lawyer on your side can make a major difference.

Call (973) 832-0841 or reach out online today for a free consultation. For nearly a decade, The Law Offices of Joseph S. Scura have provided Morris County with nationally recognized legal services.

Understanding Domestic Violence in New Jersey

New Jersey’s Prevention of Domestic Violence Act (PDVA) governs how domestic violence cases are handled. Unlike other states that define specific criminal offenses as domestic violence, New Jersey recognizes certain crimes as acts of domestic violence when committed against a person who meets the definition of a “victim” under the statute.

A Morris County domestic violence attorney can help determine how the law applies to a specific relationship and situation. Under PDVA, qualifying relationships include:

• Current or former spouses
• Dating partners
• Current or former household members
• Parents of a shared child

The law recognizes more than a dozen offenses as potential domestic violence acts, including assault, harassment, stalking, terroristic threats, criminal mischief, burglary, sexual assault, false imprisonment, criminal restraint and lewdness.

Each case is unique, and a Morris County domestic violence lawyer evaluates the facts to identify both legal defenses and strategic avenues for resolution.

Immediate Consequences of a Domestic Violence Allegation

The implications of a domestic violence accusation go far beyond criminal charges. A person may find themselves removed from their home, unable to see their children, or facing severe damage to their reputation—all before any evidence is proven in court.

Common immediate consequences include:

• Temporary Restraining Orders (TROs): Courts issue TROs swiftly, sometimes without the accused being present.
• Loss of Firearm Rights: An automatic surrender of firearms may be ordered.
• Child Custody Impact: Visitation and custody arrangements can change rapidly.
• Employment Consequences: Professionals in education, healthcare, military, or law enforcement may face disciplinary action.
• Removal from Home: The alleged abuser can be barred from the shared residence.

A Morris County domestic violence attorney acts quickly to respond to these developments, requesting hearings and preparing immediate defenses.

Restraining Orders in New Jersey

A central component of many domestic violence cases is the restraining order process. There are two primary stages:

• Temporary Restraining Order (TRO): This can be issued upon a victim’s sworn statement without the defendant’s presence.
• Final Restraining Order (FRO): A formal court hearing determines whether to make the TRO permanent. A FRO is permanent and can include restrictions such as no-contact provisions, stay-away orders from residence, workplace, or school, custody or visitation limitations, and financial compensation to the victim.

Because FROs never expire and show up in background checks, having a Morris County domestic violence lawyer present evidence and cross-examine witnesses during the hearing is critical.

The Criminal Side of Domestic Violence Allegations

Domestic violence charges can also lead to criminal prosecution in municipal or superior court, depending on the severity of the alleged offense. A person might face charges like:

• Simple Assault (typically a disorderly persons offense)
• Aggravated Assault (an indictable crime, often a felony equivalent)
• Harassment or Terroristic Threats
• Sexual assault or other felony-level offenses

Each charge carries potential penalties, including jail or prison time, probation, anger management or domestic violence counseling, fines and restitution.

A Morris County domestic violence lawyer works to reduce or dismiss charges, negotiate plea deals, or prepare for trial when necessary. Every case requires a thorough review of the evidence, including witness statements, medical reports, text messages, and prior history.

Why Choose Us for Your Defense in Morris County

Our firm, led by Joseph Scura, stands out due to our personalized approach. We understand the stress that legal issues entail, particularly those involving domestic violence charges. We emphasize a robust defense strategy that involves meticulous attention to the details of your case, leveraging relationships within the Morris County judicial system, and implementing well-crafted legal arguments.

Choosing the Law Offices of Joseph S. Scura means opting for a defense team recognized for its excellence and client-focused practice. Our free consultation service provides an accessible first step towards resolving your legal concerns, allowing us to provide you with a clear understanding of the journey ahead. Trust us to handle your defense with the professionalism and dedication that you deserve.

Domestic violence charges can impact your freedom, your family, and your future. A skilled Morris County domestic violence lawyer can help protect your rights from day one. Call (973) 832-0841 or contact us online for a free, confidential consultation today.

Frequently Asked Questions

What Are the Most Common Defenses in Domestic Violence Cases?

There are several defenses attorneys may employ in domestic violence cases. These can include demonstrating self-defense, where the accused was protecting themselves from imminent harm. Another defense could involve proving that the allegations are false or exaggerated, potentially stemming from motives such as custody disputes or relationship dynamics. Lack of intent or mistake of fact might also be used to challenge the credibility of charges. At Law Offices of Joseph S. Scura, we carefully evaluate all aspects of your case to tailor a defense strategy that suits your circumstances.

How Does the Legal Process Work in Morris County for Domestic Violence Charges?

The legal process for handling domestic violence charges in Morris County generally begins with the arrest and potential issuance of a temporary restraining order. The process will include court appearances where evidence is reviewed, and both parties may present their cases. Having a lawyer familiar with the local legal landscape can be crucial, as it ensures knowledgeable navigation through processes such as preliminary hearings and potentially even trial. Our firm guides you every step of the way, offering dedicated assistance and clear communication.

What Should I Do if I'm Falsely Accused of Domestic Violence?

If falsely accused of domestic violence, remaining calm and seeking legal advice immediately is imperative. Avoid contact with the accuser, especially if a restraining order is in place, as this could exacerbate the situation. Document any evidence that might prove your innocence, such as messages or witnesses. Speaking to an experienced attorney like those at the Law Offices of Joseph S. Scura ensures that you have a strong advocate fighting for your rights and helping clear your name.

Can a Domestic Violence Charge Be Expunged in New Jersey?

In New Jersey, expungement is a legal process that seals one's criminal records from public access. While certain offenses can be expunged, domestic violence-related charges present unique challenges given the nature of the allegations. The possibility of expungement depends on the outcomes of the case and specific eligibility criteria. Consulting with the Law Offices of Joseph S. Scura, familiar with New Jersey's expungement laws, can provide clarity on whether your charges qualify and guide you through this complex process.

What Are the Penalties for Domestic Violence Convictions in Morris County?

Penalties for domestic violence convictions in Morris County can vary significantly, influenced by the severity and specifics of the offense. They typically range from fines and community service to probation and extensive jail time. Multiple convictions or those involving severe injury might result in more serious consequences. Understanding these penalties is crucial for anyone accused of such offenses. Our firm offers detailed guidance on potential outcomes based strictly on the facts of each case, ensuring that you are fully informed of the possible judicial decisions.

Being accused doesn’t mean you’re guilty. A dedicated Morris County domestic violence lawyer can challenge the charges and defend your future. Call (973) 832-0841 or contact us online now for a free legal consultation.