Domestic Violence

As stated previously, there must be an act of domestic violence in order for someone to secure a temporary restraining order. This act is, by definition, a criminal offense like harassment, simple assault, terroristic threat, etc. Unless it is a scenario involving physical signs of injury or other probable cause for the police to file a criminal charge on their own, the victim is typically asked if they wish to file an offense. No criminal offense is filed if they decline. Conversely, you will be the subject of both a criminal offense that will be litigated in criminal court and a restraining order in the Family Division of the Superior Court if police issue charges or the victim signs a criminal complaint.

Domestic violence cases cover a wide range of behavior. It is important to understand that domestic violence is not limited to just physical violence. Harassment, threats, stalking, and intimidation are all considered a form of domestic violence in Middlesex County and everywhere else in New Jersey can can result in jail time if you’re convicted. So the real answer to this question is “yes”, you can be charged with a criminal offense for verbal abuse that forms the basis for a domestic violence restraining order.

Domestic violence is a category of criminal offenses. While there is no crime called domestic violence, assaulting, threatening, harassing, and stalking someone you are involved in a domestic relationship all fall under the umbrella of domestic violence offenses when the victim is someone the defendant has dated, been married to, or otherwise falls under the Domestic Violence Prevention Act. If you are charged and convicted of any of those crimes, that conviction may stay on your record until you petition the court to remove it, that is, it is expunged. It can take many many years before you are eligible to expunge a criminal conviction for domestic violence. You should also know that expungement is not available to vacated a restraining order. An entirely separate process referred to as removal of a restraining order must be exhausted in order to achieve this relief.

Yes. If you are convicted of a domestic violence offense (e.g. simple assault, aggravated assault, terroristic threats, harassment, stalking, etc.), then you may be sentenced to jail or even prison. While some of those offenses typically do not result in prison, offenses like aggravated assault and terroristic threats can a real possibility of this type of punishment. You may also be sentenced to jail time if you are convicted of a disorderly persons offense for simple assault or harassment, or even for a restraining order violation. A domestic violence lawyer can help you understand the specific consequences you risk as a result of the domestic violence charges you’re facing.

Being convicted of a domestic violence offense can significantly impact your life and future in numerous ways. First and foremost, you will be exposed to the penalties set forth in the New Jersey Criminal Code if you are plead or are found guilty of a crime or disorderly persons offense involving domestic violence such as aggravated assault, harassment or terroristic threat. Second, you will have a criminal record that employers, licensing boards, immigration authorities and other entities can use against you when making important decisions. Finally, if you were also subjected to a restraining order, you will no longer have the ability to interact with the accuser, mutual children, and others. It is clearly in your best interests to hire a talented Middlesex County domestic violence attorney as soon as possible if you have been accused of this type of criminal offense or are the subject of a restraining order.

A domestic violence conviction can significantly impact a child custody case. This is especially true if the person involved in the domestic violence case is your children’s other parent. In those cases, a domestic violence conviction can result in a reduction or change in your ability to see your children. Altered parental rights may result in a requirement of supervised visits or a temporary suspension of your custody rights. A judge may also order you to complete therapy or anger management classes before your custody rights can be restored.

Yes. As with any criminal case, you have the right to appeal a wrongful conviction. It is important to understand that if you pled guilty, your ability to appeal your conviction may be limited. If you did not plead guilty and were convicted of a domestic violence crime after a trial, you can appeal the verdict and the sentence. Appealing any conviction or sentence does not necessarily mean that you will get to have your conviction thrown out or even get a new trial. In order to successfully appeal a domestic violence conviction or sentence, you will need to show that you did not receive a fair trial. This can be done by demonstrating that the judge made mistakes in applying the law or that there were mistake made by the finder of fact (e.g. jury). Its always best to make sure a domestic violence case, whether in Middlesex County or somewhere else in New Jersey, is handled properly in the first instance rather than resorting to an appeal. This is why selecting the right domestic violence lawyer is so important.

You are never required to hire an attorney but the ramifications are significant if you lose your hearing and the restraining order becomes final. In addition to never being able to return to you residence or communicate with the victim, you will be subject to arrest for a criminal contempt charge for a violation of a restraining order. All that is required for this to occur is for the victim to accuse you of attempting to make contact, driving past their place of employment or home, or doing anything else that violates the restraints. You will also be flagged every time you attempt to reenter the United States and can never own or possess a weapon. You need to put your best effort into winning the restraining order to insure you avoid these consequences. Hiring a skilled domestic violence lawyer is a must in accomplishing this objective.

There is no time limitation on a restraining order. Once it goes to final, the restraints are permanent unless either vacated/dismissed by the victim or you file an Order to Show Cause and are successful.