An alternative type of punishment called probation lets you carry out your time without spending time in jail or prison. It serves three purposes: offender rehabilitation, victim restoration, and public safety. Probation could be a part of a defendant’s punishment if they prove themselves guilty of domestic abuse in Jersey City.
You can be subjected to multiple punishments if you or a loved one was found convicted of a domestic abuse felony or if you ignored the conditions of your probation. In such a case, you should seek help from a Jersey City domestic violence lawyer.
After being put on probation, what should you do if you are accused of domestic violence?
If your probation officer or the court decides that you have deliberately and significantly violated your probationary terms in a significant way, you might be in violation of your probation. An arrest by a law enforcement official or by the court could occur if there is a single possibility that you broke your probation. The most common actions which contribute to a probation violation are given below:
- Arresting someone for a second offense (like domestic abuse)
- Refusal to do a drug or alcohol test
- Failure to comply with the court’s restitution orders
- Not updating the court about a change of address.
- Not appearing for your probation officer’s appointment without a valid reason or warning.
What Happens If the Victim Denies Allegations of Assault?
In New Jersey, if the victim steps out and declares, “I do not want these allegations to go forward,” the state’s decision has a significant impact. However, the person who pursues the charges is the prosecutor, not the victim. Although the victim can not compel the state to drop the charges, their impact can be beneficial. Most victims of domestic abuse battery who include family members retract their statements.
Felony vs. Misdemeanor while on probation
It is most likely for an offender to possess a primary household battery. However, the claim will be raised to a felony if the victim of domestic violence is pregnant. If there are any aggravating circumstances, such as aggravating battery, the charge gets upgraded to a felony.
The probation officer has the power to decide what to do if the updated charge is a misdemeanor. When choosing whether or not you should file a petition to lift your probation, some factors to take into consideration are as follows:
- What is the latest charge?
- Your actions when you were being arrested
- Whether you told the truth about the accusation
- The relationship between the probationary period and the new arrest.
Hire a lawyer today!
You must hire a domestic violence lawyer as soon as you need them to stay away from getting in legal trouble in the future.
