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Carteret NJ Domestic Violence Attorney
Restraining Order or Criminal Charge for Domestic Violence in Carteret New Jersey
An act of domestic violence occurs every 9 minutes in New Jersey. In terms of Carteret New Jersey, this is a continuing issue with the number of domestic violence charges for simple assault, aggravated assault, harassment, terroristic threats and other offenses increasing by 5% from 2013 to 2014. Domestic violence is one of the most emotionally-laden areas of criminal defense with the impact of not only criminal charges but also the impact of a temporary restraining order in a high percentage of cases. Such complexity requires representation by an attorney who is highly knowledgeable in the defense of both domestic violence criminal offenses and restraining orders. Here at the Law Offices of Jonathan F. Marshall, our lawyers have a wealth of experience handling domestic violence cases in Carteret Municipal Court and the Middlesex County Superior Court. We can help you get through the process by providing you with a comprehensive defense that will ensure you have every changes of avoiding a conviction and/or a final restraining order. Give us a call at 732–246–7126 to speak to a lawyer on our team immediately. Attorneys are available around the clock to assist you without obligation.
Carteret Domestic Violence Charges
The term “domestic violence” encompasses many charges when it is committed against someone protected by the NJ Prevention of Domestic Violence Act of 1991. When someone qualifies for protection under N.J.S.A. 2C:25-19, it is domestic violence to commit the following offenses against them:
- Simple Assault or Aggravated Assault
- Terroristic Threat
- Criminal Restraint
- Criminal Mischief
- other acts of aggression
Relationships That Fall Under The Prevention of Domestic Violence Act. What makes something an act of “domestic violence” is when the victim and the perpetrator are married (e.g. past or present husband or wife), living together (e.g. brother, sister, mother, father, etc.), share children, or dating (e.g. boyfriend or girlfriend). Many think that domestic violence can only occur between people who are in a romantic relationship. That is not the case. For example, there are a number of cases involving abuse of an elderly person who is living with a care takers. Any criminal act in that circumstance would be considered domestic violence, even though there is no romantic relationship. The fact that they live together is what is relevant in such cases.
Penalties for Domestic Violence. If a criminal offense is considered to be domestic violence under the NJ Prevention of Domestic Violence Act, the penalty is dictated by the underlying criminal offense. For example, if an act of Harassment is a domestic violence offense because of the parties involved, the penalty will be the one appropriate to the crime of Harassment. However, domestic violence victims also may get relief in the form of a civil restraining order. The specifics for particular criminal offenses, including penalties, can be found at:
|Carteret Simple Assault Lawyer||Carteret NJ Aggravated Assault Attorneys|
|Carteret NJ Harassment Defense Lawyers||and more|
Domestic Violence Restraining Order. A domestic violence victim may apply for a temporary restraining order (TRO) directly to the court, or through the police. In either instance, the accused is not notified of the proceeding. However, if the victim seeks a final restraining order, a hearing before a judge is held. Both parties must be present for that hearing. At that hearing, the accused has the opportunity to challenge the basis for any restraining order against him or her. Accordingly, if you are accused of domestic violence and have a TRO against you, the final restraining order hearing is your chance to argue your side. You may also present witnesses and evidence in an effort to remove the TRO.
Violation of a Temporary or Final Restraining Order. A restraining order is a court order. Accordingly, if someone violates a restraining order, that person will be considered to be in contempt of court. There are significant penalties and collateral consequences to a restraining order violation. In fact, if someone violates a restraining order more than once, incarceration is mandatory.
Carteret Restraining Order Lawyer
If you are facing a domestic violence charge, you need to obtain a qualified domestic violence lawyer to assist you. The Law Offices of Jonathan F. Marshall has a team of former prosecutors and highly skilled attorneys who have been defending restraining order hearings and criminal offenses arising out of domestic violence in Middlesex County for decades. Our lawyers are available 24/7 to provide you with a free consultation. Call 732–246–7126 to speak to an attorney with the know how to help you now.