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Middlesex County Restraining Order Attorney
The New Jersey Prevention of Domestic Violence Act was designed to protect victims of domestic abuse by creating immediate relief in the form of a restraining order. As defense lawyers who have been practicing in Middlesex County and elsewhere in the state for several decades now, we know that restraining orders are also a fertile area for litigants to play fast and loose. It certainly is not unusual for a lawyer at The Law Offices of Jonathan F. Marshall to encounter use of a restraining order as a tool to obtain an upper hand and control rather than for legitimate protection. The world of he said/she said isn’t always as pure as lawmakers would have hoped when they adopted a framework that allows issuance of a restraining order at the Family Division in New Brunswick or in a police department like the one in Edison, Old Bridge, Monroe, Piscataway or Woodbridge, with little input from the person alleged to be the aggressor. This is a primary reason why you absolutely need to enlist an experienced criminal lawyer immediately. The process in which you are embroiled is designed with the paramount interest of protecting victims of domestic violence so it certainly is nothing to attempt to handle without a skilled restraining order defense attorney. This is precisely what the former prosecutors and savvy Middlesex County Criminal Lawyers at The Law Offices of Jonathan F. Marshall can afford you. To speak to someone on our team immediately, call our New Brunswick Office at 732-246-2146.
Understanding The Restraining Order Process In New Jersey
In order for someone to secure immediate relief in the form of issuance of a Temporary Restraining Order, the “victim” must present facts establishing probable cause for a judge to believe that domestic violence has occurred and, in addition, that an order restraining the defendant is necessary to protect the plaintiff. Domestic violence is defined as any of the following offenses:
- Simple assault
- Aggravated assault
- Criminal mischief
- Terroristic threats
- Criminal sexual contact
- False imprisonment
- Sexual assault
If the Court concludes, based on the allegations of the victim and contents of any police investigation, that one of the above-mentioned offenses has occurred, an order granting an ex parte restraining order without participation of the defendant will be issued. It is imperative for you to keep in mind, however, that you have not be convicted of anything when this occurs and that you will have your opportunity to tell your side of the story at the Final Restraining Order Hearing. It is also important for you to be reminded that these proceedings are civil in nature and take place in Family Court. You are only exposed to criminal prosecution and the penalties set forth in the New Jersey Criminal Code if a separate criminal complaint has been filed against you (which is often the case).
New Brunswick NJ Restraining Order Defense Lawyers
As previously stated, all retraining order hearings take place at the Family Division which is located on New Street in New Brunswick. Our office is located just a block away from the court and our defense lawyers routinely appear in the venue on behalf of clients who are the subject of a restraining order just like you. We also defend individuals charged with a Restraining Order Violation in Middlesex County. If you were served with a restraining order in New Brunswick, East Brunswick, Metuchen, Sayreville or Cranbury, it is crucial that you immediately consult an attorney. The rules for deciding restraining orders are tight so time is limited in preparing your defense. Call our office in New Brunswick at 732-246-7126 for assistance from one of our knowledge restraining order lawyers.