Domestic Violence Protect Your Rights

Hackensack Domestic Violence Attorney

Representing Clients Throughout Bergen County

The Law Office of Louis G. DeAngelis, LLC defends clients throughout Bergen County against domestic violence charges. For professional and serious representation, enlist the help of Attorney Louis G. DeAngelis. He can provide you the legal guidance you need to challenge a conviction.

What Is Considered a Crime of 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:

  • Homicide
  • Assault
  • Terroristic threats
  • Kidnapping
  • Criminal restraint
  • False imprisonment
  • Sexual assault
  • Criminal sexual contact
  • Lewdness
  • Criminal mischief
  • Burglary
  • Criminal trespass
  • Harassment
  • Stalking

Note that 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.

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

Involvement of Law Enforcement

Be aware that under New Jersey law, a law enforcement officer must arrest a suspect and sign a criminal complaint where:

  • a person claims to have been the victim of domestic violence inflicted by the suspect;

  • the officer has sufficient evidence to believe that such violence occurred; and

  • one of the following circumstances applies:

  • the victim shows signs of injury;

  • an arrest warrant exists;

  • the suspect has violated a domestic violence restraining order; or

  • the officer has sufficient cause to believe that a weapon was used in committing a domestic violence crime.

Note that in the case where there is sufficient evidence to believe that a suspect committed domestic violence but none of the other conditions listed above exist, an officer may make an arrest but is not required to.

Restraining Orders

A victim of domestic violence may file a complaint seeking protection from the alleged offender. Keep in mind that a court may grant an emergency restraining order and/or an ex parte order without having to notify the defendant. However, law enforcement will serve the defendant with a copy of the order, after which a hearing will be held with the defendant present. If the court determines that the plaintiff proved the allegations in the complaint, the terms of the order will:

  • 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

  • and prohibit the defendant from possessing a firearm.

If an individual knowingly violates a term of a domestic violence restraining order, they are guilty of criminal contempt, a fourth degree crime, unless the violated provision pertains to parenting time, monetary compensation to the victim, counseling, rent or mortgage payments, or the surrendering of specified property to the victim. A crime in the fourth degree can carry up to 18 months in prison and a $10,000 fine, though prison time is not mandatory for a first conviction of violating a restraining order. However, second or subsequent offenses may call for a minimum of 30 days in jail.

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.

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

Get the Results You Deserve

Client Testimonials
  • “Louis DeAngelis represented me in a few different cases with respect and professionalism. All the cases ended exactly the way they told me.”

    - P.L.M.
  • “For over 10 years I have used him for countless cases always with great satisfaction. On more than 10 occasions he has helped me resolve many different situations.”

    - Z.A.
  • “Excellent in every way and I was not an easy client. So skilled and educated 1st class!!!!!! I was shocked at how well my case went!”

    - H.P.
  • “If Louis takes your case, it is because he is confident that he can defend you and he will give you the best representation for your issue.”

    - D.S.
  • “If you are in search of not only a great lawyer but a great person, Louis DeAngelis is the one! From the moment I contacted him about a car accident, he was professional and compassionate and kept me calm.”

    - K.G.
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Why Choose Our Firm?

Problems Solved. Results Obtained. Satisfaction Achieved.
  • We Utilize Knowledge & Strategy to Obtain the Best Result
  • Each Case Receives Personalized Attention
  • Spanish-Speaking Services
  • Our Team Has an Unmatched Skillset
  • Your Initial Consultation Is Free
  • Our Firm Provides Over 15 Years of Legal Experience

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