It is unfortunate when there are allegations of domestic assault in New Jersey. Depending on the circumstances, these type of assault charges can lead to serious problems for the defendant. It is important to understand the laws of the state when it comes to these charges and how they will be dealt with. Domestic violence has many acts that will lead to an arrest. They range from homicide, assault, terrorist threats, kidnapping, criminal restraint, sexual assault, stalking and much more.
There are certain people who are protected by the state’s domestic violence act. They include: a person who is 18 or older; an emancipated minor who was abused by a spouse, former spouse, or a person who is a former or present member of the household; a person who has been abused and shares a child with the abuser, anticipates sharing a child with the accuser or is pregnant; or a minor who is emancipated by having gotten married, entered the military, has a child or is expecting a child, or was emancipated by the court.
When officers are called to the scene in which there is a report of domestic assault, there are certain circumstances in which they must make an arrest. If the victim exhibits indications of having been assaulted, there will be an arrest. This includes bodily injury or some form of physical impairment that is not there normally. The officer will have wide discretion in this matter. If there are no signs of injury but the victim says there is an injury from domestic assault, other factors must be considered. If both parties show signs of having been abused, the officer must determine the extent of the injuries, whether there is a history of abuse and other factors.
If there is a belief that there was a no contact order issued by the court and it was violated but there is no copy of the order in possession of the victim, the officer must verify it. If there is a warrant, or a weapon used, this too can lead to an arrest. When a person is facing allegations of domestic assault, there will be a great deal to worry about when it comes to the penalties he or she will face. It can affect a person’s personal life, employment and finances. Discussing the matter with a legal professional experienced in assault charges is a wise decision.