In New Jersey, there are several crimes that constitute domestic violence when perpetrated against a person the alleged offender has a domestic relationship with. Criminal mischief is one of these charges and includes damaging personal property. Purposely damaging property owned by a spouse, an ex-spouse, or somebody you used to date has protection under state law. You can face criminal mischief charges and domestic violence. This means you face 2 charges that could lead to jail time and hefty fines. Also, a restraining order may be sought by the alleged victim against you. However, if you damage your own property out of anger or frustration, this does not constitute domestic violence.
If you are facing charges of criminal mischief and domestic violence, you need the legal assistance of a skilled domestic violence lawyer near me. Your attorney can help keep your family issues from becoming a criminal case. If you must answer criminal charges in court, your attorney can prepare a solid defense and seek a favorable outcome for you.
What Property Damage Qualifies as Domestic Violence
Under state law, it is a crime to knowingly or purposely damage your spouse’s tangible property. Also, recklessly or knowingly tampering with another person’s tangible property and endangering an individual or property like destroying or damaging a rental unit is a crime. You can face domestic violence charges if you inflict criminal mischief upon an individual that the Domestic Violence Act protects. This includes a person who is at least 18 years old and has been subjected to domestic violence by a spouse, a former spouse, anyone you dated, a present or past household member, and anyone the alleged victim expects to have a child with.
What to Do After Being Arrested for Property Destruction in a Domestic Disturbance
When the police arrive due to a call for a domestic disturbance, you should stay calm, cooperate with the authorities, and contact an attorney. Jersey City police may arrest you if you have been accused of domestic violence. Such an arrest can lead to the issuance of a temporary restraining order against you.
During your arrest, the police should inform you of your right to remain silent and have a lawyer present during police questioning. You need to give information like your name, address, and age; however, you must also ask to be permitted to call an attorney and refuse to answer questions from the police. Never make any statement to law enforcement about the incident that led to your arrest unless you are advised by your lawyer to do so. This way, you can avoid saying something that can ruin your case.