Courts We Serve
- 27 December, 2016
- 26 December, 2016
- 3 December, 2016
Metuchen NJ Domestic Violence Attorney
Restraining Order or Domestic Violence Criminal Charges in Metuchen New Jersey
One of Metuchen’s Former Prosecutors is Ready to Defend Your Domestic Violence Offense
Simple assault, harassment, terroristic threats and a number of other criminal charges in Metuchen can result in a finding of domestic violence and issuance of a restraining order. The New Jersey Prevention of Domestic Violence Act provides for issuance of a temporary restraining order that is intended to protect a “victim” against further acts of aggression by barring all contact between the parties set forth in a domestic violence complaint. An individual who is charged in this manner will typically face two proceedings, namely, prosecution in Metuchen Municipal Court or the Middlesex County Superior Court for a criminal offense and a separate case in Family Court to determine whether the bar against contact with the “victim” shall become permanent (i.e. final restraining order hearing). Given the wide implications of a domestic violence case, it is extremely important to retain a savvy attorney to defend your interests.
The attorneys at the Law Offices of Jonathan F. Marshall have more than a century of combined legal experience defending individuals against criminal charges, as well as restraining orders, arising out of domestic violence. Most of the lawyers also have the benefit of serving as prosecutors, including one at the Middlesex County Prosecutor’s Office and another in Metuchen Municipal Court. If you would like to speak to a lawyer on our team with the know how to protect you against a conviction and/or final restraining order, call 732-246-7126 for a free consultation.
Metuchen Temporary Restraining Order
The New Jersey Prevention of Domestic Violence Act is contained at N.J.S.A. 2C:25-17 through 35 and allows certain criminal offenses to be the basis for a court treating the incident as an act of domestic violence. Some of the more common offenses in 2C:25-19 arising in Metuchen are:
- Simple Assault
- Criminal Mischief
- Terroristic Threat
- Aggravated Assault
- Criminal Restraint
When conduct of this nature is committed against someone listed in N.J.S.A. 2C:25-19, the behavior constitutes “domestic violence” under New Jersey Law. The victim is then eligible to apply for a temporary restraining order with the Family Division of the Middlesex County Superior Court. An individual is protected by 2C:25-19 if they are the defendant’s:
- Spouse and former spouse
- Present or former domestic partner
- Present or former boyfriend, girlfriend or someone they dates
Penalties and Consequences of Metuchen NJ Domestic Violence Cases
If the underlying criminal charge is a disorderly persons offense or a petty disorderly persons offense, the case will be heard in the Metuchen Municipal Court. The classic example of a charge falling under this heading is a Metuchen simple assault offense. A violation such as this subjects you to a county jail sentence of up to 6 months and a fine that can reach $1,000. More serious criminal offenses, such as aggravated assault in Metuchen, are indictable crimes that are heard in the Criminal Division of the Middlesex County Superior Court. The period of incarceration for a fourth degree crime is up to 18 months. It is up to 5 years for a third degree crime. A second degree crime carries 5 to 10 years in prison.
When the conduct leading to the criminal charges is a domestic violence incident, the Family Division of the Superior Court has responsibility to decide whether a final restraining order (a.k.a. permanent restraining order) should be issued. The outcome of the related hearing will determine whether the restraints will become permanent. Selecting the right attorney to defend your restraining order is pivotal if you want to return to your home, have the ability to speak to the victim or otherwise be free from the potential for a restraining order violation. Violating the terms of a restraining order can result in your arrest and a charge of criminal contempt of court. Criminal contempt is an indictable crime of the fourth degree with a possible sentence of up to 18 months in prison and fines as high as $10,000. It gives you a criminal record as a convicted felon.
Metuchen NJ Restraining Order Defense Lawyer
The consequences of a Metuchen domestic violence allegation can be devastating. Beyond the potential for a criminal record, most domestic violence cases involve a restraining order the can turn an individual’s life upside down. This is why it is in your best interests to find the best restraining order and Metuchen criminal lawyer you can identify. Here at the Law Offices of Jonathan F. Marshall, our lawyers are accomplished advocates that have successfully defended many individuals arrested on allegations of domestic violence in Middlesex County, including Metuchen New Jersey. Initial consultations with the attorneys at our law firm are always without charges so do not hesitate to contact us for the insight and assistance you need. An attorney is available to take your call now.