Domestic violence cases are emotionally charged and legally complex. For those experiencing abuse, the process can feel overwhelming and uncertain. For those facing allegations, defending themselves can be equally daunting.
Understanding the legal protections available and how they might apply to their situation can be challenging for both sides.
While many domestic violence laws are enacted at the state level, there are also constitutional rights that can apply—specifically, the Fifth Amendment. Beyond the legal jargon, here’s a breakdown of how it works and what it means for you.
What rights does the Fifth Amendment protect?
The goal of the Fifth Amendment is to protect individuals from being forced to say something that could incriminate them or harm their legal position.
But “pleading the Fifth” can entail more than staying silent. This constitutional right is intended to guarantee fair treatment under the law (due process) and to protect you from being tried twice for the same crime (double jeopardy). For example, if someone is accused of domestic violence, they can refuse to testify to avoid self-incrimination.
However, while this sounds simple, it’s rarely that clear-cut. Like any legal strategy, using the Fifth Amendment as part of a legal defense can influence the legal options for the plaintiff, the defendant, and the court.
T.B. v. I.W and a defendant’s silence
A recent New Jersey decision in the case of T.B. v. I.W. has set a new precedent on how the Fifth Amendment applies to domestic violence proceedings in New Jersey.
In this case, the plaintiff, T.B., sought a Final Restraining Order (FRO) against the defendant, I.W., for allegations of sexual assault and harassment. I.W. invoked his Fifth Amendment right to remain silent during the proceedings.
In non-criminal cases, judges typically can make adverse inferences if someone chooses not to testify. However, exercising the right to remain silent under the Fifth Amendment and refusing to testify aren’t one and the same—but in this case, the trial judge treated them as one and the same, using I.W.’s silence as a basis for granting the FRO.
However, I.W. appealed, and the higher court overturned the FRO, sending the case back for a new trial. In its decision, Appellate Division ruled that a defendant’s refusal to testify cannot be used against them in domestic violence cases under the Prevention of Domestic Violence Act.
The bigger picture: what impact could this ruling have on New Jersey domestic violence cases?
While the ruling prevents courts from drawing negative conclusions based on a defendant’s silence, it does not wholly change the legal playing field for domestic violence cases in New Jersey for both plaintiffs and defendants.
For plaintiffs
While a defendant can now invoke their Fifth Amendment rights without courts drawing negative inferences, this doesn’t change the plaintiff’s ability to secure an FRO based on meeting their legal burden nor their need to present strong testimony and/or corroborative evidence to do so.
Another way of putting it: the court can still issue an FRO even if the defendant remains silent or doesn’t appear, as long as the plaintiff meets the burden of proof.
For defendants
The ruling offers defendants protection from self-incrimination during FRO hearings, but silence alone won’t impact the case if the plaintiff’s evidence is solid. Defendants should still carefully weigh their legal strategy, knowing that while the Fifth Amendment shields them from adverse inferences, it doesn’t negate the strength of the evidence against them.
Overall, the ruling clarifies that the Fifth Amendment affects procedural fairness but does not shift the substantive focus of domestic violence cases. Courts will continue to base their decisions on the evidence presented, ensuring that the legal process remains balanced for both sides.
Have a trusted New Jersey domestic violence lawyer in your corner
Whether you’re a victim seeking protection or a litigant facing domestic violence allegations, the stakes are high. Having an experienced domestic violence lawyer on your side can make all the difference.
At Jacobs Berger, LLC, our team brings decades of collective experience to domestic violence cases. We can help you understand the nuances of the law, including the implications of the Fifth Amendment in your case. Get the knowledge you need to make informed decisions and take control of your case—schedule a strategy session with us today.
