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Common Questions in Domestic Violence Cases
New Brunswick NJ Domestic Violence Lawyer
The Law Offices of Jonathan F. Marshall defends clients accused of domestic violence and surrounding issues such as restraining orders criminal charges for harassment, domestic assault and other offenses. Attorneys who have defended hundreds, if not thousands of individuals in your position, are available to assist you 24/7. We are former prosecutors, including from the Middlesex County Prosecutor’s Office, who have been appearing for decades with success at the Superior Court and in municipal courts like the one in Woodbridge, East Brunswick, Piscataway, Old Bridge and North Brunswick. To speak to a lawyer immediate, call our New Brunswick Office at 732-246-7126. We also encourage you to review the information that we have provided with respect to frequently questions in domestic violence cases.
What is a Restraining Order?
A restraining order is an order issued by a New Jersey Superior Court which is intended to protect a victim of domestic violence. A domestic violence complaint can usually be filed at the Domestic Violence Unit of the Family Law Division in the Superior Court of the County in which the domestic violence actions occur (typically the County in which you reside). Also, a complaint can be filed at the victim’s local police department or the local police department where the incident occurred.
After a domestic violence complaint is filed at the Family Division, court staff will interview the victim to determine whether the allegations and the relationship between the parties meet the criteria for filing a domestic violence complaint. If the victim is not represented by counsel, court staff will explain the court process and advise the victim of available services.
After this initial meeting, the complaint will be processed and the case will be heard as soon as possible by a judge or domestic violence hearing officer. If the grounds for the complaint are sound, and the victim’s life, health, or well being is in danger, the victim will be given a temporary restraining order (commonly known as a “TRO”), which includes a date to return to court within ten (10) days. Copies of the TRO will be sent to law enforcement for service on the defendant.
What happens at the Final Restraining Order (FRO) hearing?
At the hearing for the Final Restraining Order (commonly referred to as an “FRO”) the judge will hear testimony from both the plaintiff and the defendant. The judge will then decide if an act of domestic violence occurred and if there are grounds for a final restraining order (FRO). Other potential relief to the victim includes protection from future violence, prohibitions against contact and harassment, custody of any minor children involved, child support, rent or mortgage payments, professional counseling, and prohibition of weapons possession by the defendant.
If the judge determines that there is sufficient evidence for a final restraining order, an FRO will be issued to the victim. A copy of this order will be given to both parties. A filed copy of the final order will also be sent to the police department of the town where the victim resides. A final restraining order last indefinitely in New Jersey, unless the victim decides at some point to dismiss the complaint.
Can a criminal complaint also be filed?
Yes. Along with filing a restraining order, the victim may file a criminal complaint. A criminal complaint can be filed at the local police department or municipal court in the municipality in which the violence incident occurred. Typically, criminal charges that are filed along with restraining orders are harassment, stalking, terroristic threats, simple assault, and aggravated assault.
Please contact the experienced criminal defense lawyers at The Law Offices of Jonathan F. Marshall for additional assistance at 732-246-7126. All initial consultations are free.