How a New Jersey Domestic Violence Lawyer Can Help You
Hiring a domestic violence lawyer is an important first step if you have been charged with a crime. Domestic violence charges are serious and often include stiff penalties. Your attorney will take several steps to protect your legal rights and interests. Find out how an attorney can help you.
What a domestic violence lawyer does for clients
A domestic violence lawyer represents clients inside and outside of the courtroom. People hire lawyers to help them during restraining order hearings, evaluate evidence, and negotiate with the prosecution. Attorneys also create defense strategies and represent clients in court. The following is just a sample of what people can expect when they hire attorneys.
Represents clients at restraining order hearings
Courts often grant accusers temporary restraining orders that last for 10 days. Then, the court holds a hearing to extend or vacate the temporary order or grant a final order. A domestic violence lawyer represents clients during the restraining order hearing. The attorney might be able to prevent the judge from extending or issuing a final order. Other options include limiting the order’s scope so that the defendant can see the children.
Evaluating evidence
A New Jersey domestic violence attorney gathers and evaluates evidence. Evidence can include the 911 recording, witness statements, and photographs. The victim’s emotional state and the freshness of the wounds are also considered. The accuser’s statements are also put under the microscope to see if they have changed.
Negotiating on the client’s behalf
Attorneys often attempt to negotiate with the prosecution before going to trial. Sometimes, attorneys can get cases dismissed. If not, lawyers often attempt to get the charges reduced. Reducing the charges means defendants will not face the same harsh penalties. This can also allow people to avoid going to trial.
Creating a legal defense
If the case is going to trial, attorneys create a legal defense. The defense might be based on an alibi that proves the defendant could not have been at the location of the alleged crime. There also might be evidence of a false allegation. For instance, if the injuries do not match up with the accusation, the attorney can argue that the accuser made up the abuse. Other possible defenses include constitutional violations and self-defense.
Presenting the case to the court
Attorneys also present the client’s defense to the court if the case goes to trial. This includes introducing evidence that supports the defense while chipping away at the prosecution’s case. The defense can call witnesses and cross-examine the prosecution’s witnesses. The defendant has the option to take the stand during the trial.
Seeking legal help from a New Jersey domestic violence lawyer
You might feel like you do not have any options if you have been accused of domestic violence. It can feel like your life is over. However, a domestic violence lawyer can help you through the process. From the restraining order hearing to the trial, your attorney will be with you during each stage.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt. NOTE: This is for informational purposes only and does not constitute legal advice.