| New
Jersey domestic violence laws are very strict. If there any signs
of physical injuries the police must arrest the abuser. Even without
independent witnesses and no physical injuries, police may arrest
the abuser. Domestic Violence is a crime under the law, and the police
must respond to the calls of victims. The police are required to give
the victim information about their rights and to help them. Among
other things, police must write up a report. For example, O.J. Simpson
would not have gotten away with abuse in New Jersey. Police are automatically
required to arrest an abuser if they see any evidence of abuse or
assault. Even during the evening your town Municipal Court or Superior
Court can issue a civil restraining order which is a legally enforceable
document. The temporary restraining order will prohibit the defendant/abuser
from harassing you or entering your residence. Unlike a criminal case
where a person is provided with lengthy due process, and if guilty
receives probation and a monetary fine, a domestic violence hearing
allows judges to issue far reaching orders. A domestic violence hearing
is usually held within only ten (10) days of the filing of an ex parte
complaint and temporary restraining order. After a hearing , NJSA
2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant
substantial relief to the complainant. Among the relief the Court
may give is: An order restraining the defendant from subjecting the
victim to domestic violence, as defined in this act. An order granting
exclusive possession to the plaintiff of the residence or household
regardless of whether the residence or household is jointly or solely
owned by the parties or jointly or solely leased by the parties...
An order providing for visitation...[ meaning the complainant obtains
custody] An order requiring the defendant to pay to the victim monetary
compensation for losses suffered as a direct result of the act of
domestic violence... An order restraining the defendant from entering
the residence, property, school, or place of employment of the victim
or of other family or household members of the victim... An order
restraining the defendant from making any communication likely to
cause annoyance or alarm... An order requiring that the defendant
make or continue to make rent or mortgage payments on the residence
occupied by the victim if the defendant is found to have a duty to
support the victim or other dependent household members... An order
granting either party temporary possession of specified personal property,
such as an automobile, checkbook, documentation of health insurance,
any identification documents, a key, and other personal effects. An
order awarding emergent monetary relief to the victim and other dependents,
if any. An ongoing obligation of support shall be determined at a
later date pursuant to applicable law. An Order awarding temporary
custody of a minor child. The court shall presume that the best interests
of the child shall be served by an award of custody to the non- abusive
parent. An Order requiring that a law enforcement officer accompany
either party to the residence to supervise the removal of personal
belongings. An Order permitting the victim and the defendant to occupy
the same premises only if the plaintiff requests such an order. An
Order granting any other appropriate relief for the plaintiff and
minor children An Order that the defendant report to the intake office
of the Family Part for monitoring An Order prohibiting the defendant
from possessing any firearm or weapon Recent caselaw protects victims.
In Pepe v Pepe, 258 N.J. Super. 157 (Chan. Div. 1992) held that the
confidentiality provision of record keeping under the Domestic Violence
act applies to the records kept on file with the Clerk of the Superior
Court. The court held that in determining whether or not a statutory
imposed confidential record should be made public, the court must
consider whether the release of the documents will be harmful to the
victim, whether adverse publicity will be a factor and whether access
to court records will discourage the victim from coming forward. Despite
the substantial financial burden and life restrictions (often referred
to as penalties), the burden of proof in a DOMESTIC VIOLENCE hearing
is only a preponderance of evidence. Hopefully, parties will put best
interests of children ahead of short term animosity. Financial limitations
often limit the family ability to become involved in lengthy divorce
and custody battles. A DOMESTIC VIOLENCE complaint can be withdrawn.
For additional information, speak with an attorney experienced in
handling Domestic Violence matters. Domestic violence statute revised:
2C:25-29.1 Civil penalty for certain domestic violence offenders.
1.In addition to any other disposition, any person found by the
court in a final hearing pursuant to section 13 of P.L.1991, c.261
(C.2C:25-29) to have committed an act of domestic violence shall
be ordered by the court to pay a civil penalty of at least $50,
but not to exceed $500. In imposing this civil penalty, the court
shall take into consideration the nature and degree of injury suffered
by the victim. The court may waive the penalty in cases of extreme
financial hardship.
L.2001,c.195,s.1.
2C:25-29.2 Collection, distribution of civil penalties collected.
2.All civil penalties imposed pursuant to section 1 of P.L.2001,
c.195 (C.2C:25-29.1) shall be collected as provided by the Rules
of Court. All moneys collected shall be forwarded to the Domestic
Violence Victims' Fund established pursuant to section 3 of P.L.2001,
c.195 (C.30:14-15).
L.2001,c.195,s.2.
2C:25-29.3 Rules of Court.
4.The Supreme Court may promulgate Rules of Court to effectuate
the purposes of this act.
L.2001,c.195,s.4.
2C:25-29.1 Civil penalty for certain domestic violence offenders.
1.In addition to any other disposition, any person found by the
court in a final hearing pursuant to section 13 of P.L.1991, c.261
(C.2C:25-29) to have committed an act of domestic violence shall
be ordered by the court to pay a civil penalty of at least $50,
but not to exceed $500. In imposing this civil penalty, the court
shall take into consideration the nature and degree of injury suffered
by the victim. The court may waive the penalty in cases of extreme
financial hardship.
L.2001,c.195,s.1.
2C:25-29.2 Collection, distribution of civil penalties collected.
2.All civil penalties imposed pursuant to section 1 of P.L.2001,
c.195 (C.2C:25-29.1) shall be collected as provided by the Rules
of Court. All moneys collected shall be forwarded to the Domestic
Violence Victims' Fund established pursuant to section 3 of P.L.2001,
c.195 (C.30:14-15).
L.2001,c.195,s.2.
2C:25-30. Violations, penalties 14. Except as provided below, a
violation by the defendant of an order issued pursuant to this act
shall constitute an offense under subsection b. of N.J.S.2C:29-9
and each order shall so state. All contempt proceedings conducted
pursuant to N.J.S.2C:29-9 involving domestic violence orders, other
than those constituting indictable offenses, shall be heard by the
Family Part of the Chancery Division of the Superior Court. All
contempt proceedings brought pursuant to P.L.1991, c.261 (C.2C:25-17
et seq.) shall be subject to any rules or guidelines established
by the Supreme Court to guarantee the prompt disposition of criminal
matters. Additionally, and notwithstanding the term of imprisonment
provided in N.J.S.2C:43-8, any person convicted of a second or subsequent
nonindictable domestic violence contempt offense shall serve a minimum
term of not less than 30 days. Orders entered pursuant to paragraphs
(3), (4), (5), (8) and (9) of subsection b. of section 13 of this
act shall be excluded from enforcement under subsection b. of N.J.S.2C:29-9;
however, violations of these orders may be enforced in a civil or
criminal action initiated by the plaintiff or by the court, on its
own motion, pursuant to applicable court rules.
L.1991,c.261,s.14; amended 1994,c.93,s.3; 1994,c.94,s.6.
2C:25-31 Contempt, law enforcement procedures.
15.Where a law enforcement officer finds that there is probable
cause that a defendant has committed contempt of an order entered
pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1 et seq.)
or P.L.1991, c.261 (C.2C:25-17 et seq.), the defendant shall be
arrested and taken into custody by a law enforcement officer. The
law enforcement officer shall follow these procedures:
The law enforcement officer shall transport the defendant to the
police station or such other place as the law enforcement officer
shall determine is proper. The law enforcement officer shall:
a.Conduct a search of the domestic violence central registry and
sign a complaint concerning the incident which gave rise to the
contempt charge;
b.Telephone or communicate in person or by facsimile with the
appropriate judge assigned pursuant to this act and request bail
be set on the contempt charge;
c.If the defendant is unable to meet the bail set, take the necessary
steps to insure that the defendant shall be incarcerated at police
headquarters or at the county jail; and
d.During regular court hours, the defendant shall have bail set
by a Superior Court judge that day. On weekends, holidays and other
times when the court is closed, the officer shall arrange to have
the clerk of the Family Part notified on the next working day of
the new complaint, the amount of bail, the defendant's whereabouts
and all other necessary details. In addition, if a municipal court
judge set the bail, the arresting officer shall notify the clerk
of that municipal court of this information.
L.1991,c.261,s.15; amended 1994, c.94, s.7; 1999, c.421, s.5.
2C:25-32. Alleged contempt, complainant's procedure 16. Where a
person alleges that a defendant has committed contempt of an order
entered pursuant to the provisions of P.L.1981, c.426 (C.2C:25-1
et seq.) or P.L.1991, c.261, but where a law enforcement officer
has found that there is not probable cause sufficient to arrest
the defendant, the law enforcement officer shall advise the complainant
of the procedure for completing and signing a criminal complaint
alleging a violation of N.J.S.2C:29-9. During regular court hours,
the assistance of the clerk of the Family Part of the Chancery Division
of the Superior Court shall be made available to such complainants.
Nothing in this section shall be construed to prevent the court
from granting any other emergency relief it deems necessary.
L.1991,c.261,s.16.
2C:25-33 Records of applications for relief; reports; confidentiality;
forms.
17. a. The Administrative Office of the Courts shall, with the
assistance of the Attorney General and the county prosecutors, maintain
a uniform record of all applications for relief pursuant to sections
9, 10, 11, 12, and 13 of P.L.1991, c.261 (C.2C:25-25, C.2C:25-26,
C.2C:25-27, C.2C:25-28, and C.2C:25-29). The record shall include
the following information:
(1)The number of criminal and civil complaints filed in all municipal
courts and the Superior Court;
(2)The sex of the parties;
(3)The relationship of the parties;
(4)The relief sought or the offense charged, or both;
(5)The nature of the relief granted or penalty imposed, or both,
including, but not limited to, the following:
(a)custody;
(b)child support;
(c)the specific restraints ordered;
(d)any requirements or conditions imposed pursuant to paragraphs
(1) through (18) of subsection b. of section 13 of P.L.1991, c.261
(C.2C:25-29), including but not limited to professional counseling
or psychiatric evaluations;
(6)The effective date of each order issued; and
(7)In the case of a civil action in which no permanent restraints
are entered, or in the case of a criminal matter that does not proceed
to trial, the reason or reasons for the disposition.
It shall be the duty of the Director of the Administrative Office
of the Courts to compile and report annually to the Governor, the
Legislature and the Advisory Council on Domestic Violence on the
data tabulated from the records of these orders.
All records maintained pursuant to this act shall be confidential
and shall not be made available to any individual or institution
except as otherwise provided by law.
b.In addition to the provisions of subsection a. of this section,
the Administrative Office of the Courts shall, with the assistance
of the Attorney General and the county prosecutors, create and maintain
uniform forms to record sentencing, bail conditions and dismissals.
The forms shall be used by the Superior Court and by every municipal
court to record any order in a case brought pursuant to this act.
Such recording shall include but not be limited to, the specific
restraints ordered, any requirements or conditions imposed on the
defendant, and any conditions of bail.
L.1991,c.261,s.17; amended 1994, c.94, s.8; 1999, c.119, s.1;
1999, c.421, s.6.
2C:25-34 Domestic violence restraining orders, central registry.
1.The Administrative Office of the Courts shall establish and
maintain a central registry of all persons who have had domestic
violence restraining orders entered against them, all persons who
have been charged with a crime or offense involving domestic violence,
and all persons who have been charged with a violation of a court
order involving domestic violence. All records made pursuant to
this section shall be kept confidential and shall be released only
to:
a.A public agency authorized to investigate a report of domestic
violence;
b.A police or other law enforcement agency investigating a report
of domestic violence, or conducting a background investigation involving
a person's application for a firearm permit or employment as a police
or law enforcement officer or for any other purpose authorized by
law or the Supreme Court of the State of New Jersey; or
c.A court, upon its finding that access to such records may be
necessary for determination of an issue before the court.
Any individual, agency or court which receives from the Administrative
Office of the Courts the records referred to in this section shall
keep such records and reports, or parts thereof, confidential and
shall not disseminate or disclose such records and reports, or parts
thereof; provided that nothing in this section shall prohibit a
receiving individual, agency or court from disclosing records and
reports, or parts thereof, in a manner consistent with and in furtherance
of the purpose for which the records and reports or parts thereof
were received.
Any individual who disseminates or discloses a record or report,
or parts thereof, of the central registry, for a purpose other than
investigating a report of domestic violence, conducting a background
investigation involving a person's application for a firearm permit
or employment as a police or law enforcement officer, making a determination
of an issue before the court, or for any other purpose other than
that which is authorized by law or the Supreme Court of the State
of New Jersey, shall be guilty of a crime of the fourth degree.
L.1999,c.421,s.1.
|
Consequences of a
Criminal Guilty Plea
1. You will have to appear in open court and tell the
judge what you did that makes you guilty of the particular
offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to
random drug and urine testing. If you violate Probation,
you often go to jail.
4. In indictable matters, you will be required to provide
a DNA sample, which could be used by law enforcement for
the investigation of criminal activity, and pay for the
cost of testing.
5. You must pay restitution if the court finds there
is a victim who has suffered a loss and if the court finds
that you are able or will be able in the future to pay
restitution.
6. If you are a public office holder or employee, you
can be required to forfeit your office or job by virtue
of your plea of guilty.
7. If you are not a United States citizen or national,
you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense.
2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000,
and lose your driver's license for 6 months - 2years.
You must pay a Law Enforcement Officers Training and Equipment
Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation
Board assessment of $50 ($100 minimum if you are convicted
of a crime of violence) for each count to which you plead
guilty.
13. You must pay a $75 Safe Neighborhood Services Fund
assessment for each conviction.
14. If you are being sentenced to probation, you must
pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in
future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense
is not impossible. There are a number of viable defenses
and arguments which can be pursued to achieve a successful
result. Advocacy, commitment, and persistence are essential
to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal
offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first
degree, for a specific term of years which shall be fixed
by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for
a specific term of years which shall be fixed by the court
and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a
specific term of years which shall be fixed by the court
and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for
a specific term which shall be fixed by the court and
shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3.
Fines and Restitutions. A person who has been convicted
of an offense may be sentenced to pay a fine, to make
restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime
of the first degree;
(2) $150,000.00 when the conviction is of a crime of
the second degree;
b. (1) $15,000.00 when the conviction is of a crime of
the third degree;
(2) $10,000.00 when the conviction is of a crime of the
fourth degree;
c. $1,000.00, when the conviction is of a disorderly
persons offense;
d. $500.00, when the conviction is of a petty disorderly
persons offense;
If facing any criminal charge, retain an experienced
attorney immediately to determine you rights and obligations
to the court. Current criminal charge researched by Kenneth
Vercammen, Esq. 732-572-0500
|
