Defending Against False Domestic Violence Charges

Defending Against False Domestic Violence Charges

Domestic violence complaints are serious accusations that can carry substantial penalties. You may be fined, ordered to undergo psychological evaluation, lose the right to reside at your residence, lose the right to see your children, be barred from various places, lose the right to own a firearm or gun, and other potential penalties that can follow you for the rest of your life.

In today’s world, falsifying evidence is easier than ever. With the advent of spoofing, a party can make it appear that you were engaging in harassing or threatening conduct even though you did absolutely nothing. Ghosting can make it appear that you are making and receiving calls from numbers or addresses that are fake. It is easier today than ever before for an upset party, an angry former lover or a malicious soon to be ex-spouse to invent an entirely false set of allegations against you. Do not let yourself be convicted based upon false evidence. Do not let the other party manipulate the facts and create evidence to harm you. The stakes are too high for you to risk anything. If you have been served with a restraining order (TRO if it is a temporary restraining order, FRO if it is a final restraining order), contact our office today. The Law Office of Steven H. Wolff aggressively defends our clients against false accusations of domestic violence and is prepared to try your restraining order matter to make sure your rights are protected.

In New Jersey, The Prevention of Domestic Violence act is codified at N.J.S.A.2C:25-17 et seq. An act of domestic violence can include, but not limited to any of the following acts:

HomicideN.J.S.A. 2C:11-1
AssaultN.J.S.A. 2C:12-1
Terroristic threatsN.J.S.A. 2C:12-3
KidnappingN.J.S.A. 2C:13-1
Criminal restraintN.J.S.A. 2C:13-2
False imprisonmentN.J.S.A. 2C:13-3
Sexual assaultN.J.S.A. 2C:14-2
Criminal sexual contact.N.J.S.A. 2C:14-3
LewdnessN.J.S.A. 2C:14-4
Criminal mischief.N.J.S.A. 2C:17-3
BurglaryN.J.S.A. 2C:18-2
Criminal trespassN.J.S.A. 2C:18-3
HarassmentN.J.S.A. 2C:33-4
StalkingN.J.S.A. 2C:12-10

A violation of any of these acts may subject you to a temporary restraining order, final restraining order and criminal charges. You may find yourself being evicted from your own home with no more than fifteen minutes to gather your possession. You may not have any visitation time with your children as a result of these allegations. It is imperative that you take the necessary steps to protect your rights. If you have evidence, you need to preserve it and use it at trial. If you believe evidence exists, but you do not have it, you need to know how to use subpoena’s and other demands to compel the production of relevant evidence.

Do not let one incident be taken out of context and used against you. There are always explanations and different versions of an event. However, do not let the other party run to the police or run to the Courts and make their side the only story told. If you have a prior relationship with this party it is important that you let the Court know that. Perhaps you and the complainant have a volatile and rocky history where you fight all the time. It is important that the true history of your relationship gets presented to the Court. Call us today to discuss your domestic violence and restraining order matters.