Sexual Assault Related to a Charge of Domestic Violence
New Brunswick Sexual Assault Attorney
When police respond to a report of domestic violence, they almost always remove the boyfriend, husband or ex-husband from the residence, regardless of who started what and whether or not there is hard evidence of a fight having taken place. As a result, there is very little investigation on the part of officers to determine if the male involved acted in self-defense or even hit the alleged victim. In some cases, angry girlfriends, wives or ex-wives have been known to call police and report domestic violence simply to have the male removed from their home or apartment. Afterwards, it’s very simple for the alleged victim to take out a restraining order. If granted, the restrained person will be required to relinquish his firearms, vacate a shared apartment or home and avoid all contact with the alleged victim.
If your child has been accused of a crime it is important that neither you or your children answer questions, make statements or consent to searches by law enforcement.
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In this context, the alleged victim might claim she was sexually assaulted, especially if there were sexual relations earlier, prior to a verbal disagreement or fight. Consequently, if charged with sexual assault, you could face serious legal consequences complicated by a charge of domestic violence.
Charges of Domestic Violence and Restraining Orders
It’s not uncommon for an alleged victim to request a restraining order be placed against her alleged assailant. In New Jersey, a temporary restraining order is initially issued if a judge is convinced you represent a threat to the alleged victim. If granted, the police will remove you from a shared apartment or home, and you will be forbidden from coming near or contacting the person in question.
Ten days after a temporary restraining order is issued, a hearing will be held to determine if the restraining order should be extended. If it is extended, you will be required to relinquish any firearms you own and permanently vacate any shared living quarters, mandated not to contact or come near the alleged victim or her relatives and, if you have children, denied unsupervised access to them.
Fighting Charges of Sexual Assault and Domestic Violence
At the hearing, allegations of sexual assault will be treated with a degree of extra caution. If the court believes you in fact sexually assault the alleged victim, in addition to a restraining order placed against you, it’s likely you’ll face additional criminal charges. While you won’t have an opportunity to challenge the claims against you when a temporary restraining order is issued, you can have an attorney represent you at the restraining order hearing held later.
If there are charges of sexual assault or criminal sexual contact with a minor, it’s crucial that you have an experienced criminal defense lawyer represent you at the hearing. You’ll have an opportunity to introduce evidence and eyewitness statements that could, at the very least, convince the court a sexual assault did not take place. Consequently, you may end up facing a lesser charge or avoid having a restraining order issued against you.