Domestic violence charges can end in serious legal and personal consequences. If you’ve been accused of domestic violence, you’ll likely deal with court hearings, restrictive orders, and potential long-term penalties. You need a New Jersey domestic violence attorney who can protect your rights and fight for the best possible outcome.
William Fay, Esq., is a former Deputy Attorney General with the New Jersey Office of the Attorney General. This gives him a unique perspective and skill set that benefits his criminal defense clients, and it is evident in his compassionate and experienced representation. A born-and-bred New Jersey citizen, Mr. Fay fights for each client by approaching each case with thorough preparation and aggressive advocacy.
When you hire Mr. Fay, you’ll work directly with him from start to finish. He handles every step personally, from client intake to final resolution. When you need a reliable New Jersey domestic violence lawyer, call for a free, no-obligation consultation (by phone or in-person) with William Fay, Esq., today.
Why Hire William Fay for Your Domestic Violence Defense in New Jersey?
No two domestic violence cases are the same, and hiring the right New Jersey domestic violence lawyer can make a big difference in your case outcome. Mr. Fay’s experience as a former Deputy Attorney General means he has seen how police investigations unfold from the inside and how prosecutors build their cases. That gives him — and you — better chances of getting domestic violence charges dropped.
Mr. Fay knows New Jersey domestic violence laws, which means he knows how to comb through every piece of evidence to find the best defense for your specific situation. Once he understands your case and goals, he develops a tailored defense strategy to protect your rights and fight for the best possible outcome.
Clients frequently rave about Mr. Fay’s direct accessibility. They receive his personal cell phone number so they can reach him directly with questions or concerns. In short, when you work with Mr. Fay, you won’t be left waiting for a paralegal to pass along a message. You’ll always know what’s happening with your case and what the next steps are.
If you’ve been charged and are hoping to get your domestic violence charges dismissed or reduced, contact William Fay, Esq., today to find out how we can help.
Why Do You Need a Lawyer When Facing Domestic Violence Charges?
Under the Prevention of Domestic Violence Act of 1991, certain offenses automatically trigger protections and penalties. These include restraining orders and a domestic violence mandatory arrest.
If someone has accused you of domestic violence, you’re up against criminal penalties and civil restrictions. For example, a restraining order can prevent you from returning home, contacting your spouse or partner, and seeing your children. These restrictions are often immediate, sometimes before you’ve had the chance to fully respond to the allegations.
A skilled New Jersey domestic violence lawyer can help you navigate the criminal and civil fallout. Without legal representation, you’ll lose key opportunities to challenge the evidence and present your side of the story. A lawyer will explain the domestic violence penal code and how it applies in your situation, then build a defense to attack the weaknesses in the prosecution’s case.
With Mr. Fay’s guidance, you can protect your rights and put yourself in a strong position for a favorable outcome. Don’t face possible New Jersey domestic violence penalties on your own. Work with a compassionate, experienced attorney who can fight for your future.
What Are Common Defense Strategies for Domestic Violence Charges?
Domestic violence cases typically hinge on credibility and context. The law allows courts to grant protective measures based solely on allegations, which means your defense strategies must be strategic and thorough.
Some of the most common defenses Mr. Fay uses include the following:
Challenging the Accuser’s Credibility
False or exaggerated allegations can arise from heated personal conflicts, such as divorces or custody disputes. Your defense could highlight inconsistencies in their testimony or offer possible motives for fabricating their claims.
Procedural Errors and Constitutional Violations
Police and prosecutors must follow strict rules for investigations and prosecutions. Issues with arrests, interrogations, searches, seizures, and procedural rules can lead to suppressed evidence. If enough evidence is suppressed, the prosecution may not be able to prove its case beyond a reasonable doubt.
Lack of Evidence
In many domestic violence cases, prosecutors have little more than a statement to rely on. Without additional evidence, the case may not be strong enough to hold up. Successful defenses often involve pointing out gaps in the state’s evidence.
Self-Defense
If you acted to protect yourself, your children, or others, that context can help. New Jersey allows self-defense or defense of others, as long as you were in fear of imminent physical harm and used proportionate force.
Mr. Fay can evaluate every angle to build a personalized defense strategy tailored to your needs. He challenges weaknesses in the state’s case while presenting the strongest defense possible on your behalf, whether before charges are filed, during motions and plea negotiations, or at trial.
What Are the Chances of Getting My Domestic Violence Charges Dropped?
Many people charged with domestic violence ask the same question: Can domestic violence charges be dropped?
The answer depends on your specific case, including the evidence and the prosecutor’s impression of the allegations. In New Jersey, once domestic violence charges are filed, prosecutors control whether the case moves forward. However, domestic violence charges can be dismissed or reduced under the right circumstances, such as the following:
- If the evidence is weak or unreliable
- If the alleged victim refuses to cooperate
- If the police or prosecution made critical errors
- If your lawyer successfully suppresses key evidence
While no lawyer can guarantee that your charges will be dropped, an experienced New Jersey domestic violence attorney like Mr. Fay can review your case and advise you on the most realistic outcome.
What Are the Types of Domestic Violence Charges in New Jersey?
New Jersey doesn’t have just one “domestic violence law.” Instead, the state’s domestic violence laws include a range of criminal offenses that qualify for a domestic violence enhancement. These crimes count as domestic violence when they occur between people in certain relationships (spouses, former spouses, dating partners, household members, or co-parents). Some of the most common crimes include the following:
- Assault – Assault is causing or attempting to cause bodily injury to another person, either intentionally or recklessly. It can also include threatening behavior that puts someone in fear of immediate harm.
- Harassment – Harassment encompasses conduct intended to alarm or annoy, such as repeated unwanted phone calls or physical contact without consent.
- Terroristic Threats – This charge applies when someone threatens to commit violence to terrorize another person or makes threats that cause a building or place to be evacuated.
- Stalking – Stalking involves the repeated, unwanted following or monitoring of another person, causing fear or emotional distress.
- Criminal Mischief – Criminal mischief is damaging or destroying another person’s property, like breaking windows or vandalizing a home.
- Kidnapping – Kidnapping is when someone removes or confines another person with the intent to hold them against their will or commit another crime.
- False Imprisonment – False imprisonment is restraining another person’s freedom of movement without legal authority.
- Criminal Trespass – Trespass occurs when someone enters or remains on another person’s property without permission.
- Sexual Assault and Criminal Sexual Contact – These charges involve sexual acts or contact committed without consent, or under circumstances where consent can’t legally be given.
These charges vary in seriousness, ranging from disorderly persons offenses to indictable crimes. Depending on the allegations, you could face both criminal prosecution and a civil restraining order.
What Are New Jersey’s Penalties for Domestic Violence?
New Jersey domestic violence penalties can be life-changing. Convictions may include the following:
- Jail or prison time, depending on whether the offense is a disorderly persons charge or an indictable offense
- Fines and restitution payments
- Mandatory counseling and anger management programs
- State and federal restrictions on firearm ownership and purchase
- Permanent criminal record
Domestic violence mandatory arrest policies also apply. Police must arrest a suspect if they have probable cause to believe that domestic violence occurred and the victim shows signs of injury, or if there is a restraining order violation.
Due to these stringent laws, it is advisable to work with an experienced lawyer to protect your rights and minimize the potential consequences.
Who Can Make a Domestic Violence Complaint in New Jersey?
Under the Prevention of Domestic Violence Act, complaints can be made by anyone in a qualifying relationship, such as the following:
- Current or former spouses
- Household members
- People who are dating or who have dated
- Co-parents
The law does not require that you live with the person who makes the complaint.
Once a complaint is filed, a judge can issue a Temporary Restraining Order (TRO) on the same day. This will immediately restrict where you go and who you contact, even before a full hearing can be held. At the hearing, a judge decides whether to issue a Final Restraining Order (FRO).
So, what happens if the victim doesn’t want to press charges? Can a victim drop charges of domestic violence? Unfortunately, once police arrest you and file a complaint, the prosecutors are in charge of whether the case moves forward, even if the victim doesn’t want to press charges. That’s why you need a determined and aggressive lawyer right away.
Contact a New Jersey Domestic Violence Defense Attorney Today
William Fay, Esq., is professional, aggressive in court, compassionate with clients, and committed to results. Call today for your free, confidential consultation with Mr. Fay, a seasoned New Jersey domestic violence attorney.