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When your spouse or partner accuses of domestic violence in New Jersey, you should focus on your defense. Besides the fact there are consequences like jail time and hefty fines, your job could be on the line. Also, the accusations could have an impact on your divorce proceedings, and you may have to deal with permanent restraining orders, which can cut you off from your children. Contact the Law Offices of Anthony Carbone, P.C. soon to get legal help. In this post, we discuss your rights in detail.
Right to an attorney
No matter whether you have committed domestic violence or not, you have the right to legal representation. If you are arrested, you can tell the police about talking to an attorney, which should stop the officers from questioning you further. Your lawyer will explain the details of the case and the nature of the charges.
Right to the due process
As someone accused of domestic violence, you have the right to the due process. Unfortunately, the police may not always adhere to the norms. You have the right to be informed about the accusations against you. Also, you can present evidence and witnesses, and if there are other witnesses, you have the right to cross-examine them. You are innocent until proven.
Right to challenge a restraining order
In most cases concerning domestic violence, victims usually ask for Temporary Restraining Orders (TROs). If your spouse/partner manages to get that, there could be severe implications. You may be kicked out of your home and may not get the chance to see your children. However, you have the right to challenge such an order, and within ten days of the issuance of the Temporary Restraining Order (TRO), a final hearing will happen. You can present evidence, details, and witnesses to challenge the order and prevent it from becoming a permanent one.
Right to appeal
If you don’t agree with the outcome of the domestic violence case, you can always appeal against the decision. Talk to an attorney and discuss the various legal options you can consider. There are several strategies and defenses for such cases, and only an experienced Howard county criminal defense lawyer can guide you on the best ones and how to build a strong case.
You can check online for local domestic violence defense lawyers in NJ. Don’t shy away from asking relevant questions and discuss how you can protect your rights in these trying circumstances.
