Courts We Serve
- 18 February, 2018
- 27 December, 2016
- 26 December, 2016
South Plainfield NJ Domestic Violence Lawyer
Simply mentioning the words domestic violence, conjures up media images of severely battered victims. But reality is that the vast amount of domestic violence criminal and restraining order cases in South Plainfield New Jersey involve much less with primary charges like simple assault, harassment or terroristic threat.
The South Plainfield Police are trained to ask questions that will reveal domestic violence when they appear at a disturbance. They also tend to error on the side of caution by taking someone (the alleged offender) into custody. However, once a person is arrested and charged with a domestic violence offense, the state will often prosecute them very aggressively with acquittal requiring nothing short of a highly skilled lawyer.
If you have been charged with a criminal offense involving domestic violence, a restraining order or both, you should consider contacting the accomplished defense attorneys at the Law Offices of Jonathan F. Marshall. Our team possesses over 100 years in practice with several lawyers who are former municipal and county prosecutors. For a consultation with an attorney on our staff, call 732-246-7126. A lawyer is available to answer your call around the clock.
Domestic Violence Charges in South Plainfield, NJ
The term domestic violence does not refer to a specific criminal charge under New Jersey Law. Instead, it refers to a list of offenses that, when committed by individuals sharing some form of domestic relationship, entitles the victim to protection under the New Jersey Domestic Violence Act. Those qualifying in this manner include a spouse or former spouse (e.g. husband or wife), those in a current or past dating relationship (e.g. boyfriend or girlfriend), as well as, people who are cohabitants or former cohabitants, including relatives, roommates, and others.
Domestic violence also refers to certain criminal offenses that have occurred between these parties. The most common offenses associated with domestic violence in New Jersey are as follows:
- Simple Assault
- Aggravated Assault
- Criminal Mischief
- Terroristic Threat
N.J.S.A. 2C:25-17 et seq. outlines a total of 14 criminal offenses that can constitute an act of domestic violence when perpetrated against a current or former spouse, intimate partner, roommate, household member, co-parent, etc.
The Consequences of a Domestic Violence Charge in South Plainfield, NJ
As previously stated, allegations of domestic violence in South Plainfield can result in both a criminal charge and a restraining order. Aside from the penalties that may be imposed for simple assault or harassment in South Plainfield Municipal Court or aggravated assault, terroristic threats or stalking at the Middlesex County Superior Court in New Brunswick, there are also major consequences to entry of a restraining order. Restraining orders appear on background checks, just like criminal charges, and can cause complications like leaving and reentering the United States.
Another consequence of having a temporary or final restraining order put in place against you is that you will no longer be able to communicate with the alleged victim or anyone else protected under the restraining order. This can include your children, their grandparents, or anyone else close to the alleged victim.
Finally, having a restraining order against you also exposes you to an additional criminal charge for violating a restraining order. Should you violate a restraining order, whether it is a temporary restraining order or final restraining order, the judge can sentence you to a period of incarceration and will do so in many cases.
A victim of domestic violence has a right to be granted a restraining order for protection against an offender. On the other hand, a defendant also has a right to defend against a restraining order and to prevent that restraining order from becoming final, which in New Jersey, means it will be permanent.
If you get an experienced S. Plainfield domestic violence attorney involved early enough, he or she may be able to convince the prosecutor not to proceed with the criminal charge and help you keep the temporary restraining order from becoming final and permanent.
South Plainfield Domestic Violence Defense Attorney
Domestic violence is an area of law which prosecutors take very serious so you cannot afford to appear in this type of case without a savvy criminal defense attorney at your side. The lawyers at Law Offices of Jonathan F. Marshall can be reached in our New Brunswick Office to discuss your South Plainfield criminal offense or restraining order 24/7 in a free consultation. The time our knowledgeable attorneys provide are complimentary so do not hesitate to contact us for the assist you need. A lawyer is available immediately at 732–227–1200.
Related South Plainfield NJ Criminal Resources To Assist You
|South Plainfield Simple Assault Attorneys||South Plainfield NJ Disorderly Conduct Lawyers|
|South Plainfield NJ Criminal Lawyer||S. Plainfield Harassment Defense Attorney|
|Aggravated Assault Lawyers in South Plainfield|