Legal Question in Criminal Law in New Jersey
What type of offense is Domestic Violence?
how is a domestic violence conviction categorized in NJ? Felony,
misdemeanor, 1st,2nd, 3rd, 4th degrre offense? or what? The sentence was to
pay a $50 fine, nothing else (no jail time, no probation, no jail time
suspension).
2 Answers from Attorneys
Re: What type of offense is Domestic Violence?
that sounds like a disorderly person's offense which is like a misdemeanor
Re: What type of offense is Domestic Violence?
A domestic violence complaint gives civil relief for the commission of a criminal offense such as assault, harassment, assault. There is no jail sentence involved because it is a civil matter which is determined by the civil standard of proof by the preponderance of the evidence, meaning more likely than not.
A domestic violence complaint gives rise to a restraining order and a violation of the order is a crime of the third degree, punishable by up to five years in prison.
A domestic violence matter can have serious consequence because many employers will not hire someone found to have committed an act of domestic violence and someone found to have committed an act of domestic violence can not lawfully carry a gun, impacting on members of the military and police officers.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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