Temporary Restraining Order or Domestic Violence Criminal Charges for Simple Assault, Aggravated Assault, Harassment, Terroristic Threats in Highland Park New Jersey
Incidents of domestic violence effect every community so it is only logical that a Middlesex County municipality like Highland Park would have its share of restraining orders and criminal charges of this nature. If you were charged with simple assault, harassment, stalking, aggravated assault, terroristic threats and/or served with a temporary restraining order based on allegations of domestic violence in Highland Park New Jersey, it is absolutely in your best interests to retain a skilled attorney as soon as possible. The lawyers at our firm have the skills you need in this regard whether your offense is pending at the Middlesex County Superior Court in New Brunswick or in Highland Park Municipal Court.
We are the Law Offices of Jonathan F. Marshall, a powerhouse criminal defense firm comprised of former prosecutors who possess over 100 years of experience defending domestic violence charges in Highland Park and Middlesex County. Our history of success in defending domestic violence offenses and restraining orders spans several decades. Contact us anytime of day or night to secure a free case review from a lawyer with the know how to properly advise you. Attorneys are standing by to speak to you at 732-246-7126.
Restraining Order in Highland Park
The New Jersey Prevention of Domestic Violence Act is intended to combat abuse and neglect arising out of a domestic relationship. When an individual falls within the protections of this law, he/she is entitled to issuance of a temporary restraining order that bars any contact by the accused with the victim. The following individuals are eligible for this relief:
- A current or ex-spouse (e.g. husband or wife) of the defendant
- Boyfriend or girlfriend of the defendant
- Someone who dated the defendant
- A co-parent with the defendant
- Present or former household member with the defendant
If an individual falls within the umbrella of this protection, he/she may secure a temporary restraining order provided: (1) they are a victim of an incident of “domestic violence”; and (2) the court concludes that there is a reasonable basis to believe that entry of a order restraining the defendant from contact with the victim is necessary prevent additional risk of domestic violence. An incident of domestic violence is conduct that includes:
- Simple Assault
- Harassment
- Stalking
- Aggravated Assault
- Terroristic Threat
- Criminal Mischief
- Burglary
- Criminal Sexual Contact
- Criminal Trespass
When a judge concludes that there is basis to believe that such an act was committed against an eligible victim and that a temporary restraining order is necessary to protect them, relief will be granted. The restraining order temporarily precludes that accused from:
- Returning to the scene of the alleged violence;
- Possessing a firearm;
- Communicating or having contact with the victim;
- Occupying or enter the residence of the parties;
- Seeing children shared with the victim; and
- Any other relief the court deems necessary to prevent additional injury.
The defendant to a domestic violence complaint has an opportunity, however, to turn things around. This occurs at a final restraining order hearing where him/her has the chance to present testimony, documentation and any other evidence that refutes the allegations asserted by the plaintiff. If the hearing is successfully defended, the restraining order is dismissed. Conversely, the temporary restraining order is transformed into a final restraining order that permanently bars communication and contact between the parties if the defense is unsuccessful.
Highland Park Restraining Order Attorney
An attorney at the Law Offices of Jonathan F. Marshall can provide you with the sound representation that you need to arrive a favorable outcome in your restraining order hearing and/or defending a domestic violence criminal charge. The lawyers on our team have handled hundreds of cases similar to yours in Middlesex County, including many offenses filed in Highland Park. If you would like the opportunity to speak to a highly knowledgeable lawyer in a free consultation, call 732-246-7126. Attorneys are ready to assist you around the clock.
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