Charges related to domestic violence can result from any number of scenarios in Sayreville New Jersey or other municipalities in Middlesex County. What often starts as a simple disagreement can escalate into not only a serious criminal offense but also entry of a restraining order. Allegations of domestic violence can clearly have a serious impact on your life so hiring a skilled Sayreville domestic violence lawyer is highly advisable.
The attorneys at the Law Offices of Jonathan F. Marshall have the attributes you need to successfully defend a domestic violence charge or restraining order. The eight lawyers on our staff have a century of collective experience defending criminal charges in Sayreville Municipal Court and at the Middlesex County Superior Court. An attorney on our staff, Jason Seidman, even served as Director in the Middlesex County Prosecutor’s Office. For immediate assistance from an accomplished defense lawyer, contact our East Brunswick or New Brunswick Office for a free initial consultation.
There are many charges that can result in an incident of domestic violence and form the basis for a temporary or final restraining order in the Borough of Sayreville. The occurrence of one of 18 offenses can result in an incident of domestic violence under the New Jersey Prevention of Domestic Violence Act and support issuance of a restraining order. An act of domestic violence includes the commission of:
- Simple Assault
- Aggravated Assault
- Harassment
- Terroristic Threats
- Stalking
- Criminal Mischief
- Burglary
An individual may apply for a temporary restraining order if they are the victim of one of the aforesaid offenses by a spouse, former spouse, household member, a person with whom they have s a child in common or a dating relationship. The determination as to whether the relief shall be granted is made by a Superior Court judge. He or she must determine, based on the allegations made by the plaintiff and any evidence presented by investigating officers, as to whether there is a reasonable basis to believe that domestic violence has occurred. If such a showing can be made, a temporary restraining order barring the defendant from any contact with the plaintiff, possessing any weapons, or returning to the residence with they may share with the victim.
A final restraining order hearing is conducted at the Family Division of the Superior Court within a week or two following entry of the temporary restraining order. The purpose of the proceeding is to allow both sides to present their side of the case and to make a final determination as to whether an act of domestic violence occurred and whether continued restraints are necessary to prevent additional acts domestic violence. If you fail to secure a dismissal at this hearing, the restraining order shall become permanent and final. It is certainly imperative that you present your best case at the final restraining order hearing an experienced attorney is going to be your best weapon in meet this burden.
Mandatory Arrest. Furthermore, when the police are called to the scene of an alleged domestic violence incident, they must make an arrest and sign a criminal complaint if: (1) there are any signs of bodily injury to the alleged victim; (2) there is an outstanding warrant for the arrest of a person for violating a domestic violence statute; (3) there is a violation of a no-contact order; or (4) there was a weapon used to commit domestic violence. If the officer has probable cause to believe that an act of domestic violence has indeed taken place, he or she has discretion to make an arrest.
Dealing With a Domestic Violence Charge in Sayreville New Jersey
Besides, having a restraining order placed against you and potentially being sentenced to jail or probation and having to pay hefty fines, one of the most serious consequences of a domestic violence conviction is that you will lose some of your civil rights, even for a disorderly persons offense. For example, under federal law, there is a lifetime ban on your right to own a firearm.
Another consequence is that even if you are given probation and the judge withholds a guilty plea, depending on the underlying charge, you may still be unable to have your domestic violence record sealed
This means that any potential employer will be able to find your mugshot on a law enforcement website and read the embarrassing details of your arrest and prosecution for domestic violence. Employers are often reluctant to hire anyone who has been accused or convicted of a domestic violence offense.
Before you take any action in a domestic violence case, even if it’s your first domestic violence charge, find out what your rights are and hire an aggressive domestic violence defense lawyer to defend you against these very serious accusations.
Sayreville Restraining Order Defense Attorney
A defense attorney on our team is prepared to invested what is needed to provide you with thorough protection against a criminal conviction and entry of a restraining order stemming from domestic violence in Sayreville. These cases are very fact sensitive and our lawyers will take the time to comprehensively prepare your case so that the temporary restraining order and offense your are facing are dismissed. To speak to a lawyer at the Marshall Law Firm about everything that has occurred to get you to this point, contact us anytime 24/7. Attorneys are immediately at 732-201-6509 to speak to you.
