Domestic Violence

Charged With Domestic Violence in New Brunswick

The term domestic violence describes a broad range of abusive conduct directed by the actor against a present or former household member, someone with whom they had a dating relationship or share a child in common. If you have been accused of this type of behavior it is important that you understand that there is no criminal charge by this name.

The New Jersey Prevention of Domestic Violence Act (“the Act”) allows an alleged victim of domestic violence to obtain a civil order of protection that is referred to as a restraining order. You should also know, however, that the purported perpetrator is often charged with a criminal offense for the conduct that forms the basis for the restraining order, for example, simple assault, aggravated assault, terroristic threat, harassment. The result is two separate court proceedings, one in family court to decide whether the restraining order should become permanent and final, and a second case in criminal court to resolve the defendant’s guilt or innocence to a crime.

The Middlesex County domestic violence defense lawyers at Marshall Criminal Defense have decades of experience defending restraining orders at the Superior Court in New Brunswick and related criminal violations throughout the county. If you are the subject of proceedings involving allegations of domestic violence, contact our firm to speak to a lawyer on our staff in a free consultation.

What You Need To Know About Domestic Violence

In order to qualify for a restraining order in New Jersey, the claimant must have a relationship with the defendant that falls within one of the following categories:

  • Spouse
  • Household member
  • Child in common
  • Dating relationship

Although qualification is construed liberally by our courts, there are limits to who can obtain a restraining order. For example, our courts have held that a brother lacked standing to secure a temporary restraining order where he had not resided with his defendant sibling for more than 20 years. A similar result was reached where a daughter sought relief against a father whom she had not resided with for over 15 years. The cases have concluded that there must be some special opportunity for abusive and controlling behavior between the parties because of their continued emotional entanglement otherwise the household connection is too remote to consider the recent acts domestic violence.

One of the first avenues of defense which our lawyers pursue is the standing of the plaintiff. If the dating relationship or household relationship is too remote to allow for a restraining order, our attorneys will certainly utilize that basis to dismiss a temporary restraining order.

What Conduct Constitutes Domestic Violence

When someone commits an act of domestic violence against someone afforded protection under the Act, the may be subjected to a restraining order precluding any further contact with the “victim”. An act of domestic violence means the commission of the following criminal offenses:

  • Assault
  • Terroristic threat
  • Harassment
  • Stalking
  • Criminal mischief
  • Lewdness

  • Burglary
  • Sexual assault
  • Homicide
  • Kidnapping
  • Criminal restraint
  • Criminal sexual contact

The criminal defense attorneys at our firm have over a century of experience representing individuals charged with these criminal offenses so we are certainly skilled in defending allegations of this nature in both the context of a restraining order and in criminal court.

Temporary Restraining Orders

A temporary restraining order is issued to protect a victim from additional acts of domestic violence. They must demonstrate to a judge that they qualify for protection, have been a victim of domestic violence and also that their life, health or well-being is or has been endangered by the accused. If the court finds that there is probable cause to believe that all of this exists, it will enter a temporary restraining order. The standard relief bars the defendant from: (1) maintaining possession of firearms and other weapons; (2) having any direct or indirect contact with the plaintiff; and (3) returning to the house or apartment that was shared with the plaintiff. For addition information read more about temporary restraining orders.

Final Restraining Order Hearings

A final restraining order hearing is to be conducted within 10 days of issuance of the temporary restraints in accordance with N.J.S.A. 2C:25-29. This is the time that the defendant has his or her chance to present evidence and to dispute the allegations of the plaintiff. Please note that testimony of either party given at this hearing cannot be used in a related criminal proceeding.

The plaintiff has the burden of proving the elements necessary to secure a final restraining order by a preponderance of the evidence. This standard of proof is much lower than what is required to convict someone of aggravated assault or another criminal charge, namely, beyond reasonable doubt. In order to prevail at the restraining order hearing, the court must find that plaintiff has proven, by a preponderance, that an act of domestic violence occurred and second that a restraining order is necessary to protect the plaintiff from immediate danger or further acts of domestic violence. For more information regarding final restraining order hearings click here.

The lawyers at Marshall Criminal Defense have defended hundreds of final restraining order hearings at the Family Division in New Brunswick and other county courts. We know how to not only battle these cases but also the best ways to finesse a matter to foster a dismissal.

Why Was I Arrested By The Police?

When police arrive at the scene of a domestic violence call, New Jersey law requires an arrest when certain circumstances are present and, in others, grant law enforcement discretion as to whether or not someone will be arrested.

Police must make an arrest and file criminal charges if the alleged victim exhibits signs of injury including, but not limited to, bruising, scratches, lacerations, etc. In some instances, police will arrive at a scene and both parties show signs of injury. In order to determine which of the two committed domestic violence (e.g. simple assault or aggravated assault), the officer should compare the extent of the injuries, consider any history of domestic violence between the parties and any other relevant circumstances. The second scenario where someone must be arrested is where there is probable cause to believe that a no contact order or restraining order has been violated. The third reason is the existence of a warrant.

The police have discretion to make an arrest where there is probable cause to believe that an individual has committed an act of  domestic violence, for example, engaged in harassment of a victim. There is no mandate for arrest under this scenario.

Frequently Asked Domestic Violence Questions

Domestic Violence

Why do I have a criminal complaint and a domestic violence complaint?

As stated previously, there must be an act of domestic violence in order for someone to secure a temporary restraining order. This act is, by definition, a criminal offense like harassment, simple assault, terroristic threat, etc. Unless it is a scenario involving physical signs of injury or other probable cause for the police to file a criminal charge on their own, the victim is typically asked if they wish to file an offense. No criminal offense is filed if they decline. Conversely, you will be the subject of both a criminal offense that will be litigated in criminal court and a restraining order in the Family Division of the Superior Court if police issue charges or the victim signs a criminal complaint.

Is Verbal Abuse Considered Domestic Violence?

Domestic violence cases cover a wide range of behavior. It is important to understand that domestic violence is not limited to just physical violence. Harassment, threats, stalking, and intimidation are all considered a form of domestic violence in Middlesex County and everywhere else in New Jersey can can result in jail time if you’re convicted. So the real answer to this question is “yes”, you can be charged with a criminal offense for verbal abuse that forms the basis for a domestic violence restraining order.

How Long Does A Domestic Violence Criminal Conviction Stay On My Record?

Domestic violence is a category of criminal offenses. While there is no crime called domestic violence, assaulting, threatening, harassing, and stalking someone you are involved in a domestic relationship all fall under the umbrella of domestic violence offenses when the victim is someone the defendant has dated, been married to, or otherwise falls under the Domestic Violence Prevention Act. If you are charged and convicted of any of those crimes, that conviction may stay on your record until you petition the court to remove it, that is, it is expunged. It can take many many years before you are eligible to expunge a criminal conviction for domestic violence. You should also know that expungement is not available to vacated a restraining order. An entirely separate process referred to as removal of a restraining order must be exhausted in order to achieve this relief.

Can I Go To Jail For Domestic Violence?

Yes. If you are convicted of a domestic violence offense (e.g. simple assault, aggravated assault, terroristic threats, harassment, stalking, etc.), then you may be sentenced to jail or even prison. While some of those offenses typically do not result in prison, offenses like aggravated assault and terroristic threats can a real possibility of this type of punishment. You may also be sentenced to jail time if you are convicted of a disorderly persons offense for simple assault or harassment, or even for a restraining order violation. A domestic violence lawyer can help you understand the specific consequences you risk as a result of the domestic violence charges you’re facing.

How Can A Domestic Violence Conviction Impact My Life?

Being convicted of a domestic violence offense can significantly impact your life and future in numerous ways. First and foremost, you will be exposed to the penalties set forth in the New Jersey Criminal Code if you are plead or are found guilty of a crime or disorderly persons offense involving domestic violence such as aggravated assault, harassment or terroristic threat. Second, you will have a criminal record that employers, licensing boards, immigration authorities and other entities can use against you when making important decisions. Finally, if you were also subjected to a restraining order, you will no longer have the ability to interact with the accuser, mutual children, and others. It is clearly in your best interests to hire a talented Middlesex County domestic violence attorney as soon as possible if you have been accused of this type of criminal offense or are the subject of a restraining order.

Can A Domestic Violence Conviction Affect My Custody Case?

A domestic violence conviction can significantly impact a child custody case. This is especially true if the person involved in the domestic violence case is your children’s other parent. In those cases, a domestic violence conviction can result in a reduction or change in your ability to see your children. Altered parental rights may result in a requirement of supervised visits or a temporary suspension of your custody rights. A judge may also order you to complete therapy or anger management classes before your custody rights can be restored.

Do I Have The Right To Appeal A Domestic Violence Conviction?

Yes. As with any criminal case, you have the right to appeal a wrongful conviction. It is important to understand that if you pled guilty, your ability to appeal your conviction may be limited. If you did not plead guilty and were convicted of a domestic violence crime after a trial, you can appeal the verdict and the sentence. Appealing any conviction or sentence does not necessarily mean that you will get to have your conviction thrown out or even get a new trial. In order to successfully appeal a domestic violence conviction or sentence, you will need to show that you did not receive a fair trial. This can be done by demonstrating that the judge made mistakes in applying the law or that there were mistake made by the finder of fact (e.g. jury). Its always best to make sure a domestic violence case, whether in Middlesex County or somewhere else in New Jersey, is handled properly in the first instance rather than resorting to an appeal. This is why selecting the right domestic violence lawyer is so important.

Do I need to hire an attorney for the restraining order since it is not criminal?

You are never required to hire an attorney but the ramifications are significant if you lose your hearing and the restraining order becomes final. In addition to never being able to return to you residence or communicate with the victim, you will be subject to arrest for a criminal contempt charge for a violation of a restraining order. All that is required for this to occur is for the victim to accuse you of attempting to make contact, driving past their place of employment or home, or doing anything else that violates the restraints. You will also be flagged every time you attempt to reenter the United States and can never own or possess a weapon. You need to put your best effort into winning the restraining order to insure you avoid these consequences. Hiring a skilled domestic violence lawyer is a must in accomplishing this objective.

How long does a restraining order last in new jersey?

There is no time limitation on a restraining order. Once it goes to final, the restraints are permanent unless either vacated/dismissed by the victim or you file an Order to Show Cause and are successful.

Experienced Domestic Violence Attorneys Are Ready To Help You

Our team of defense attorneys have represented countless clients in your shoes. We know how overwhelmed and confused you are probably feeling and are prepared to help you through this difficult time. The key in our opinion is that you enlist the services of the best lawyer you can find. We believe that the lawyers at Marshall Criminal Defense have the experience and skill you require. Call our Woodbridge Office, New Brunswick, Piscataway or East Brunswick Office for an immediate free consultation.

Helpful Domestic Violence Resources