As a licensed nurse practicing in the state of New Jersey, it's important to understand what the state's Board of Nursing expects of you – not only in terms of how you perform your duties as a nurse but also in terms of your conduct while not working. In particular, when are you required to report to the BON that you have been accused or convicted of domestic violence or that a restraining order has been issued against you by a judge?
The answer to that question isn't always clear-cut, and the problem is that if you fail to report your situation to the BON when it turns out you should have done so, you are at risk of being disciplined for failing to make the report. Whenever you have a question about what your obligations are as a licensed nurse to provide information to the New Jersey BON, contact the Lento Law Firm's Professional License Defense Team for help. We can be reached at 888.535.3686 or by using our online contact form to schedule a consultation with one of our experienced attorneys.
Domestic Violence in New Jersey
Domestic violence is a term that can apply to any number of types of crimes if they are committed against a victim 18 years or older by someone that they have or had a particular type of relationship with – namely, a “victim of domestic violence” as defined by New Jersey law. For a crime to be treated as a domestic violence crime, the person accused of committing it must be the victim's
- Spouse
- Former spouse
- Present member of the victim's household
- Past member of the victim's household
In addition, a person can be charged with domestic violence if they and the victim have “a child in common,” or if they anticipate having a child in common, if either the accused or the victim is pregnant at the time.
Finally, a person who is or was in a “dating relationship” with a victim can be charged with domestic violence.
If the accused and the victim have one of these kinds of relationships, then the focus is on the type of crime that allegedly was committed against the victim.
The crimes that can result in a domestic violence charge include crimes of violence, such as assault and any crime “involving risk of death or serious bodily injury.” They also include kidnapping, criminal restraint, and false imprisonment. Sex crimes such as sexual assault, criminal sexual contact, and lewdness can also be charged as domestic violence crimes. Burglary and robbery are two more crimes that can result in a domestic violence charge. Harassing-type crimes such as harassment, stalking, cyber-harassment, and criminal trespass can lead to a domestic violence charge, again if the victim and the accused have the type of relationship that is described in the New Jersey domestic violence statute.
In New Jersey, the specific crime of domestic violence is, by definition, limited to victims who are 18 years of age or older. When the victim is under the age of 18, other crimes can be charged. These include abuse of a child; abandonment of a child; cruelty to a child; or neglect of a child. Each of these child abuse crimes has its own elements that prosecutors need to prove before a defendant can be found guilty. And they apply no matter what the relationship is between the accused and the victim.
Restraining Orders in Domestic Violence Cases
There are two main types of restraining orders that can apply in a domestic violence case in New Jersey.
When a defendant has been arrested on domestic violence charges, a court may decide to release the defendant before their trial. Whether the defendant is released after posting bail, or on their “personal recognizance,” where they agree to return to court when required but don't have to post bail, as a condition of releasing the defendant the court can also issue an order that prohibits the defendant from having contact with the alleged victim.
These kinds of orders can be quite broad. They can direct the defendant not to enter the alleged victim's “residence, place of employment or business, or school.” They may also specifically direct the defendant not to stalk or harass the alleged victim or their friends, co-workers, or relatives. The defendant can also be restrained from having contact with the alleged victim's pets. The defendant may also be prohibited from owning or possessing a firearm, and the court can order a search of the defendant's home or any other location where the judge believes the defendant may be keeping a weapon.
Another kind of restraining order can be issued when an alleged victim asks the court to issue one. This can happen if the victim files a request for a restraining order with the Family Court, and except in cases where the court issues an emergency order, the restraining order will not be issued without a hearing. (Even in cases where an emergency order is issued, there will be a hearing scheduled so that the person against whom the order is directed can have their day in court to argue against it). The terms of these restraining orders can be just as broad as those issued in criminal cases and described above.
Domestic Violence Charges, Restraining Orders, and Your Nursing License
It is understandable that if you've been charged with domestic violence or a restraining order has been issued against you in a domestic violence case, you may be concerned about the effect this can have on your nursing license. And you have good reason to be.
For one, as a licensed nurse, you are required to “self-report” to the Board of Nursing if you are “indicted or convicted of a crime involving moral turpitude.” While the phrase “moral turpitude” is not one that is defined in the statutes, crimes involving various forms of violence are often considered to be crimes of moral turpitude. The problem is that there is not an exact definition of what constitutes a “crime involving moral turpitude.” The safer route is to assume that if you are facing domestic violence charges, the Board of Nursing is likely to consider that you have an obligation to report those charges to the BON.
This is where working with an experienced professional license defense attorney can help. Not only can the Lento Law Firm's Professional License Defense Team help you understand what you must do to avoid being disciplined for violating the requirements of your license, we can also prepare and send any required notification to the BON on your behalf. After that, we can be your point of contact if the BON needs more information about the charges you are facing, or if it brings disciplinary proceedings against you based on what you've self-reported.
Because restraining orders can either be based on an arrest for domestic violence or can issue after a hearing where an alleged victim has asked the court to issue a restraining order based on allegations that the defendant has committed domestic violence, you may also have to report to the BON if a domestic violence restraining order is issued against you.
Reporting Domestic Violence Convictions to the Board of Nursing
Just as you most likely need to report if you're indicted on a domestic violence charge, you should also assume that you will need to report a conviction on a domestic violence charge to the New Jersey Board of Nursing. As noted above, in most cases, the BON will consider domestic violence to be a crime of moral turpitude that must be reported by a license holder.
Consequences for Failing to Report Domestic Violence Restraining Orders, Charges, or Convictions
As a licensed nurse in New Jersey, you have an obligation to follow the laws and rules that govern your profession. One of these rules requires you to report instances where you've been charged with or convicted of a crime of moral turpitude. As noted above, domestic violence is generally considered to be a crime of moral turpitude. If you fail to notify the BON that you've been charged with or convicted of domestic violence or that a restraining order has been issued against you based on allegations that you've committed domestic violence, the BON could discipline you – even if you are later acquitted of the charges, or the restraining order is dropped.
While it may not seem fair to self-report an indictment when under the law you're considered innocent until proven guilty, that presumption only applies to your criminal case. The Board of Nursing is not a criminal court, however. It cannot sentence you to jail, and you won't have a criminal record if you're disciplined by the BON. The Board can investigate the allegations against you, bring disciplinary charges based on the allegations you're facing in court, and come to a different decision than the criminal court.
That's why you can also face discipline for failing to make the report in the first place. If that happens, your disciplinary proceeding may focus on two issues: first, the domestic violence charges you were facing, and second, your failure to self-report those charges to the BON.
It's very important to be working with an experienced professional license defense attorney if you're a nurse accused of domestic violence. We can help make sure you meet your reporting obligation to the BON; protect your rights during any investigation that follows; and defend you if the BON brings a disciplinary proceeding against you.
The Board of Nursing Disciplinary Process
Investigations of nursing misconduct follow New Jersey's Uniform Enforcement Act. In almost all cases, there will be an investigation period, after which the Board of Nursing may elect to bring charges against the nurse based on information that was collected during the investigation, information submitted by the nurse while self-reporting, or information provided by someone filing a complaint against the nurse. Most charges result in a negotiated settlement between the nurse and the BON. Those that don't will proceed to an administrative hearing, where the outcome will be determined after witnesses and evidence is heard.
In almost every nursing disciplinary case you will be more likely to arrive at a better outcome if you're represented by an experienced professional license defense attorney. The Lento Law Firm's Professional License Defense Team has defended nurses all across the country, including in New Jersey, against misconduct allegations. We will help you understand what's happening from start to finish and will fight to preserve your license and your reputation.
Turn to the Lento Law Firm's Professional License Defense Team
One problem if you're a nurse facing domestic violence allegations, particularly if you've been charged with domestic violence, is that people will tend to believe the victim even in cases where the allegations are not supported by the facts. That applies at both the criminal level and when it comes to protect your nursing license. Fortunately, the Lento Law Firm's Professional License Defense Team has years of experience defending nurses involved in disciplinary proceedings based on allegations of serious misconduct, including allegations of domestic violence.
We know that there are often at least two sides to every story, and we will work to uncover all of the evidence that can be used to help defend you against any misconduct charges brought by the Board of Nursing against you. The fact is that you have a right to a strong and fair defense. We make it our job to protect your rights and to give you the strongest defense possible against nursing misconduct allegations.
Our attorneys can help from day one. If you're facing criminal charges for domestic violence, we'll help you prepare any self-report that you may be required to submit to the BON. We can negotiate your case with the BON to get you the best outcome for you and your license without having to go through the stress and uncertainty of a hearing. But if your case does go to a disciplinary hearing, we will fight to defend you against the charges brought against you by the Board of Nursing.
You have a right to a strong defense if you're accused of misconduct by the New Jersey Board of Nursing. Call the Lento Law Firm's Professional License Defense Team today at 888.535.3686 or use our contact form to schedule a confidential consultation to find out how we can help.
