In November 2010, a Montclair State University student was arrested on alleged false imprisonment under the New Jersey domestic violence statute. According to the news, the arrest was made on the Montclair State University campus. Montclair State University is a public research university with over 250 undergraduate majors, located in Montclair, NJ. Police observe an increase in domestic violence cases on college campuses between college age students, though most instances of domestic violence are not reported. Police see 20-30 cases of domestic violence a year ranging from harassment to assault. Besides Montclair State University Police, the university supports victims of domestic violence through its Equity and Diversity program, Women’s Center, Health and Wellness and Counseling and Psychological Service.

According to the New Jersey Statute 2C:13-3, a person commits a disorderly person offense if s/he knowingly restrains another person unlawfully so as to interfere substantially with the other person’s liberty. A person is considered restrained when the defendant confines the person to a bounded area, either physically or with threats, making the victim not feel free to leave. For instance, when someone threatens to shoot another with a gun in a parking lot, though the parking lot is not a bounded area, a reasonable person with a gun pointed at him/her would not feel free to leave.

In false imprisonment cases under the domestic violence statute, the prosecution needs to prove the defendant knowingly held the victim against her/her will. If an incident took place because of a misunderstanding, the charges against the defendant must be dropped.

False imprisonment does not require proof of harm. The victim needs not prove injuries. For instance, someone may be accused of domestic violence if s/he leaves angry messages at another person’s voicemail, or calls repeatedly.

Domestic violence charges result in serious consequences that may leave a blemish on a person’s life forever. Not only may charges define the end of any relationship with the victim, or relatives such as children if family members are involved, the defendant may face jail time and monetary penalties. Even when the charges get dropped, an arrest of an individual is a public incident, so information on the arrestee, age, place of residence and location of incident is often widely distributed. Having a criminal record for domestic violence may affect job prospects, and ruin a person’s professional reputation for life.

When arrested for domestic violence, contact an experienced criminal defense attorney to examine all aspects of charges.