Hackensack Domestic Violence Lawyer

Domestic Violence Defense for the Accused Throughout Bergen County

The Law Office of Louis G. DeAngelis, LLC defends clients throughout Bergen County against domestic-violence allegations, restraining-order applications, and related criminal charges. Attorney Louis G. DeAngelis provides individualized guidance focused on protecting the client's rights and responding effectively to the allegations.

Our firm has represented individuals facing domestic-violence allegations for decades. We provide focused legal guidance through both the Family Part restraining-order process and any related criminal or municipal proceedings.

Dial (201) 254-8484 or submit an online contact form here to schedule a free consultation today.

What Is Domestic Violence?

New Jersey defines domestic violence as the commission of one of the following offenses committed by an adult or emancipated minor against another person who is:

• A current or former spouse who is 18 or older or is an emancipated minor;
• A current or former household member who is 18 or older or is an emancipated minor;
• A person with whom the perpetrator has a child or is expecting a child, regardless of the alleged victim’s age; or
• A person with whom the defendant has had a dating relationship.

Types of Domestic Violence Offenses in NJ

To meet New Jersey’s definition of domestic violence, one of the following criminal offenses must be committed by an adult or emancipated minor against a person:

Note: An emancipated minor is a person who is under 18 years of age but who has been married, has entered military service, has had a child or is pregnant, or has been declared by a court or administrative agency to be emancipated.

Understanding the Importance of Hiring a Hackensack Domestic Violence Attorney

Domestic violence charges are serious and can have long-lasting consequences that can affect your personal and professional life. If you have been accused of domestic violence, it is important to seek legal assistance from an experienced domestic violence attorney as soon as possible.

Here are some ways a domestic violence attorney can help you:

• Protect Your Rights: A domestic violence attorney can protect your constitutional rights and ensure that you are treated fairly throughout the legal process.
• Provide Legal Advice: A domestic violence attorney can provide you with legal advice and guidance on how to proceed with your case.
• Investigate the Facts: A domestic violence attorney can investigate the facts of your case and gather evidence to build a strong defense on your behalf.
• Negotiate a Plea Deal: A domestic violence attorney can negotiate with the prosecutor to reach a plea deal that can reduce your charges and penalties.
• Represent You in Court: A domestic violence attorney can represent you in court and fight for your rights and interests.

At the Law Office of Louis G. DeAngelis, LLC, we understand the sensitive nature of domestic violence cases and are committed to providing careful, individualized representation.

New Jersey’s Mandatory Arrest Laws

Under New Jersey's Prevention of Domestic Violence Act, a law enforcement officer must arrest and sign a criminal complaint in specified circumstances when the officer has probable cause to believe an act of domestic violence occurred. 

Mandatory-arrest circumstances include certain visible signs of injury, an outstanding warrant, probable cause to believe a restraining order was violated, or probable cause to believe a weapon was involved. In other domestic-violence situations, an officer may have discretion to arrest depending on the facts and applicable law.

• Visible signs of injury may trigger the statute's mandatory-arrest provisions;
• An outstanding warrant may require arrest;
• A knowing violation of a domestic-violence restraining order may require arrest; and
• Probable cause to believe a weapon was involved may require arrest.

When the statutory mandatory-arrest conditions are not present, an officer may still have authority to arrest if the legal requirements for an arrest are otherwise satisfied.

What are Restraining Orders?

A person protected by the Prevention of Domestic Violence Act may file a complaint in the Family Part seeking a temporary restraining order (TRO). A TRO may be entered without advance notice to the defendant when the statutory requirements are met. The defendant is then served, and the court schedules a final restraining order (FRO) hearing at which both sides may present evidence. If the plaintiff proves the required elements, the court may enter an FRO and grant appropriate relief authorized by N.J.S.A. 2C:25-29.

• Prohibit the defendant from abusing the alleged victim;
• Grant exclusive possession of the residence to the plaintiff;
• Provide for temporary child custody and parenting time;
• Require the defendant to compensate the plaintiff for losses caused by the defendant;
• Require the defendant to receive counseling or a psychiatric evaluation;
• Prohibit the defendant from entering the plaintiff’s residence, workplace, or school;
• Prohibit the defendant from contacting the plaintiff;
• Require the defendant to pay the rent or mortgage on the plaintiff’s residence;
• Provide for the temporary possession of specified property; and
• Prohibit the defendant from possessing a firearm.

What are the Penalties for Violating a Restraining Order?

A knowing violation of a domestic-violence restraining order is prosecuted as contempt under N.J.S.A. 2C:29-9. A violation is a fourth-degree crime when the conduct constituting the violation could also constitute a crime or disorderly persons offense; in other cases, the violation is generally a disorderly persons offense, subject to statutory exclusions for certain provisions of an order. A second or subsequent nonindictable domestic-violence contempt conviction carries a mandatory minimum term of 30 days in jail.

How Can a Hackensack Domestic Violence Attorney Help You?

Having an attorney familiar with both domestic-violence restraints and related criminal proceedings can help you understand the allegations, preserve evidence, prepare for hearings, and evaluate the consequences of any proposed resolution.

A domestic violence attorney can help you by:

• Providing you with legal guidance: Having access to objective legal information during this time is important for helping you with your case, and can benefit you tremendously. You need all of the guidance that you can get during this time, and a reputable attorney will be able to help answer any questions that you have regarding the legal matters of your case.
• Handling filings and deadlines: Domestic-violence matters can move quickly. Counsel can help prepare filings, respond to discovery or evidence issues, and make sure court requirements are addressed on time.
• Managing the process: An attorney can help organize the case, prepare for court appearances, and address issues efficiently while keeping you informed about what comes next.
• Representing you in court: Counsel can present evidence, examine and cross-examine witnesses, make legal arguments, and advocate for your position at restraining-order and related criminal proceedings.
• Protecting your rights: It's important to ensure that you know your legal rights. Oftentimes, individuals may be unaware of rights that they have that can help them during this time.
• Pursuing the best lawful result available: An experienced attorney can identify defenses, negotiate where appropriate, and prepare the case for hearing or trial based on the facts and governing law.

Contact us today to schedule a free consultation with an experienced domestic violence attorney in Englewood, NJ.

Let Attorney Louis G. DeAngelis, LLC Defend You

If you have been charged with a crime of domestic violence or violation of a restraining order, contact an attorney immediately for legal representation. The Law Office of Louis G. DeAngelis, LLC can take a look at the facts of your situation and work on a defense for you in the courtroom.

Don't face your domestic violence case alone. Call (201) 254-8484 or contact us online for a free consultation and let our Hackensack domestic violence lawyers help you.