Courts We Serve
- 27 December, 2016
- 26 December, 2016
- 3 December, 2016
Middlesex Borough NJ Domestic Violence Attorney
Our Former Middlesex County Prosecutors Are Ready To Fight Your Restraining Order or Domestic Violence Crime Charge
Domestic violence is a serious offense in New Jersey that has an immediate and long-term impact on your life. Allegations of domestic violence result in two cases being initiated against. A criminal offense will be filed in Middlesex Borough Municipal Court, and a domestic violence case will be opened in the Family Division of the Middlesex County Superior Court. You could go to prison or jail and be ordered to pay substantial fines if convicted of the criminal offense, and a restraining order could permanently prevent you from returning to your residence or communicating with the alleged victim.
Allegations of domestic violence require legal representation by attorneys with experience in defending both criminal charges and temporary restraining orders. At the Law Offices of Jonathan F. Marshall, our defense team is composed of accomplished defense lawyers who have more than a century of collective experience defending clients charged with domestic violence. In most cases, the attorney at our firm handling a final restraining order hearing or domestic violence criminal offense have served as municipal and county prosecutors, so they bring the added perspective of understanding how prosecutors prepare and present these types of cases.
Our lawyers limit their practices to domestic violence and criminal defense, so you are assured of being represented by someone possessing superior knowledge of the law and highly-developed courtroom skills. When you are accused of domestic violence in Middlesex Borough, there is an attorney available 24 hours a day and seven days a week for you to talk to in a free consultation simply by calling us at (732) 562-0308.
Domestic Violence and Temporary Restraining Orders in Middlesex Borough NJ
The New Jersey Prevention of Domestic Violence Act, N.J.S.A. 2C:25-19, allows the following criminal offenses to be treated as domestic violence cases:
Homicide N.J.S.A. 2C:11-1
Aggravated Assault & Simple Assault N.J.S.A. 2C:12-1
Terroristic Threats N.J.S.A. 2C:12-3
- Harassment N.J.S.A. 2C:33-4
Kidnapping N.J.S.A. 2C:13-1
- Criminal Mischief N.J.S.A. 2C:17-3
Criminal Restraint N.J.S.A. 2C:13-2
False Imprisonment N.J.S.A. 2C:13-3
Sexual Assault N.J.S.A. 2C:14-2
- Burglary N.J.S.A. 2C:18-2
Criminal trespass N.J.S.2C:18-3
- Stalking N.J.S.A. 2C:12-10
Any of these offenses committed against a member of a protected class listed in N.J.S.A. 2C:25- 19 constitutes domestic violence and allows for issuance of a temporary restraining order. Protected individuals include:
Spouses and former spouses
Individuals in a dating relationship
Someone with whom you share a child
Penalties and Consequences of Middlesex Borough 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 Middlesex Borough Municipal Court where you could face jail and fines as penalties. More serious criminal offenses, such as aggravated assault and terroristic threats, are indictable offenses heard in the Criminal Division of the Middlesex County Superior Court where you could be sentenced to prison and thousands of dollars in fines.
When the conduct leading to the criminal charges is a domestic violence incident, the Prevention of Domestic Violence grants judges in superior court the power to issue a temporary restraining order upon filing of the charges. This temporary order can become a permanent one that could include the following provisions:
Prohibiting contact with the other party
Granting the victim exclusive right of possession to the residence you might have shared
Denying you custody and limiting your right to visit with your children
Ordering psychological evaluations and order that you attending anger management and
other treatment programs
Prohibiting you from owning or possessing a firearm and directing that your permit to carry a firearm be revoked
A violation of a restraining order will result in your arrest on charges of criminal contempt of court. Criminal contempt is an indictable offense of the fourth degree, the equivalent of a felony, and you could go to prison for 18 months and be ordered to pay up to $10,000 in fines.
Middlesex Borough NJ Domestic Violence Attorney
The consequences of a Middlesex Borough domestic violence allegation can be devastating to your personal life and to your career. There is a national database making available to the public through an online search the names of domestic violence offenders. The domestic violence defense lawyers at the Law Offices of Jonathan F. Marshall are committed to providing an aggressive defense so that consequences such as these are avoided. You should also know that our attorneys have a rich history of successfully defending simple assault, aggravated assault, harassment and other charges. To speak to a lawyer about this type of criminal charge or a restraining order that has been filed against you, contact our Piscataway Office. You can call (732) 562-0308 to reach an attorney immediately.