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What constitutes a lawful arrest for domestic violence in New Jersey?

On Behalf of | Jul 5, 2021 | Firm News

It is true that no relationship is perfect. While this likely means that couples will have their ups and downs as well as disagreements, it does not mean it is normal for these arguments to get heated and violent. Nonetheless, violence is part of society, resulting in some individuals facing criminal consequences for committing violent acts. Domestic violence is no different. When an individual is accused of domestic violence, he or she could face significant criminal consequences that could greatly impact his or her personal and professional life if conviction of the charges results.

Being accused of domestic violence is a serious matter, as it not only means facing criminal allegations, but it also puts stress on a relationship, even causing it to end due to a restraining order. Additionally, it could impact child custody if children are involved. All of these reasons make it imperative to consider criminal defense options and how best to navigate the matter.

One thing to consider is whether there was a lawful arrest. In New Jersey, there are mandatory reasons to make an arrest for domestic violence, and there are discretionary reasons for an arrest. With regards to mandatory arrests, this means that the victim in question exhibited signs of injury that was a result of domestic violence.

Even when there are no visible signs, a statement of injury in conjunction with other relevant factors could give probable cause for an arrest. Finally, a mandatory arrest results when there is probable cause of a violation of the terms of a no contact order.

For a discretionary arrest, there must be probable cause for the officer to believe that an act of domestic violence has occurred; however, the conditions for a mandatory arrest do not exist.

Following an arrest for domestic violence, accused offenders should consider whether a lawful arrest occurred. That means there was probable cause for the arrest and all procedures were followed when making an arrest. If this did not occur, the accused could challenge the arrest, which in turn could call into question the resulting charges. Initiating a criminal defense against domestic violence charges is important, as it could help the accused clear his or her name and avoid harsh criminal penalties.