There are a number of crimes in North Brunswick, including aggravated and simple assault, harassment and stalking that bring with them serious penalties and consequences, but the stakes get even higher when the victim is someone with whom you have a personal relationship. The New Jersey Prevention of Domestic Violence Act allows judges to treat the offense as an act of domestic violence and issue a temporary restraining order barring you having contact with the victim and, if you and the victim live together, preventing you from living at home. All of this can occur before you have even had the chance to tell your side of the story or enlist the assistance of an attorney.
The attorneys at the Law Offices of Jonathan F. Marshall offer outstanding legal representation when you are defending against domestic assault, restraining orders and other issues related to allegations of domestic violence. Our defense lawyers have more than a century of combined experience defending people like you accused in the North Brunswick Municipal Court and the Middlesex County Superior Court. Our defense team includes accomplished litigators who have mastered courtroom techniques and trial strategies not only defending clients but serving as prosecutors, including in the North Brunswick Municipal Court. A lawyer on our staff is available at your convenience by simply contacting our New Brunswick office at (732) 246-7126 for a free consultation.
North Brunswick Temporary Restraining Order
Allegations of simple assault can result in your being arrested and prosecuted in the Municipal Court of North Brunswick. The same holds true in the case it the offense is harassment. A conviction leaves you with a criminal record and a sentence that includes a fine and the possibility of time in jail. When the victim is among those individuals listed in N.J.S.A. 2C:25-19, a judge also has authority to issue a temporary restraining order. This relief is available if the victim and the accused are related as follows:
- Spouse
- Former spouse
- Child
- Domestic partner
- Parent
- Individual in a dating relationship
- Couples who have had a child together even if they never lived together
Judges can issue a temporary restraining order directing you to remain away from the victim, including a prohibition against contacting the person in any way and, if you and the victim live together, prohibit you from returning home.
It is essential for your criminal defense attorney to have familiarity with domestic violence cases and be up to the task of handling matters in both criminal court and in a restraining order hearing in the Middlesex County Family Division. You will also want lawyer who is highly qualified in these realms if you are facing a violation of a restraining order.
As previously stated, a judge must find that there was an incident of domestic violence before he/she may issue a restraining order. New Jersey Law states that such an incident has occurred if an individual qualifying for protection is the victim of:
- Harassment
- Simple Assault
- Terroristic Threat
- Aggravated Assault
- Stalking
- False imprisonment
Penalties and Consequences in North Brunswick Domestic Violence Cases
A conviction for committing the criminal charge which allowed a judge to grant a restraining order by declaring it a domestic violence incident results in penalties imposed by the North Brunswick Municipal Court or, if the charge is an indictable offense, by the Middlesex County Superior Court. For example a simple assault is a disorderly persons offense punishable by incarceration for up to six months in Middlesex County Adult Correction Center and a fine up to $1,000. If the facts of your case warrant the filing of the more serious offense of aggravated assault, it could be a crime of the second degree for which you could go to prison for at least five years and for as long as 10 years. You could also be ordered to pay a fine of up to $150,000.
Contempt for violating a restraining order can bring additional penalties separate and apart from those associated with the underlying criminal charges. Disobeying a temporary or final restraining order is criminal contempt punishable as a crime of the fourth degree with a possible sentence of up to 18 months in prison and up to $10,000 in fines.
North Brunswick Domestic Violence Defense Lawyer
Domestic violence allegations accompanying the filing of serious criminal charges are threats to your freedom and your future requiring representation by a North Brunswick NJ domestic violence defense lawyer. The attorneys on the defense team of the Law Offices of Jonathan F. Marshall are resourceful and talented advocates with decades of experience to serve you. When you need a representation defending a domestic violence related criminal offense or restraining order, an attorney from our office is only a telephone call away. Contact us today to schedule a free consultation with one of our lawyers immediately.
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