Temporary Restraining Order in South River Borough
Our Former Middlesex County Prosecutors Are Ready To Defend Your Restraining Order and Domestic Violence Criminal Charge
The 2015 New Jersey Attorney General’s report on domestic violence indicated an uptick in domestic violence offenses in South River. The increase in incidents in the small suburban Borough of South River reflects a reality throughout the country. Domestic violence is a crime that occurs in all communities, and involves people from all walks of life. What sets domestic violence apart from other criminal offenses is the fact that the motivations behind the violence are complicated and fraught with complex emotional responses of shame, anger, fear, self-esteem, and a perceived loss of power or control. Also, the criminal incidents often occur behind closed doors, leaving a “he-said-she-said” issue for law enforcement and the courts. While such complexities make the crime of domestic violence no less wrong or serious, they set domestic violence apart from other criminal offenses. Accordingly, if you have been charged with a domestic violence offense, or if a temporary restraining order (TRO) has been issued against you, you should retain an attorney who understands all aspects of a domestic violence case. Our attorneys at The Law Offices of Jonathan F. Marshall have a particular expertise in domestic violence cases and have advised many clients on the TRO process. When it comes to the thorny, confusing process of a domestic violence matter in court, we can help you navigate the process in this most difficult time in your life. Call us today for a free initial consultation. We serve clients in South River, Carteret, Woodbridge, Piscataway, and all other towns in Middlesex County. Our number is 732-246-7126.
Domestic Violence Offense in South River New Jersey
The New Jersey statute that sets forth the law on domestic violence is N.J.S.A. 2C:25-19, and it is titled The Prevention of Domestic Violence Act of 1991 (the Act). The Act lists the crimes that are considered “domestic violence offenses.” They are:
- Homicide
- Assault
- Terroristic Threats
- Kidnapping
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Lewdness
- Criminal Mischief
- Burglary
- Criminal Trespass
- Harassment
- Stalking
- Criminal Coercion
- Robbery
- Any other crime involving the risk of death or serious bodily injury
Definition of “domestic violence offense.” The crimes listed above are deemed “domestic violence offenses” based on the relationship between the perpetrator and the victim involved in the criminal act. Specifically, the Act states that “domestic violence offenses” are between
- People who are, or were, married to each other;
- People who are living together, or who used to live together;
- People who have a child in common; or
- People who are in a dating relationship.
Accordingly, if a crime occurs between people in such relationships, the victim is considered a “victim of domestic violence” for purposes of the Act.
Criminal penalty for a conviction of a domestic violence offense. The normal sentencing range for the underlying offense (such as Criminal Restraint or False Imprisonment) is the baseline for what a possible sentence will be for a domestic violence offense. However, sentencing enhancements will likely apply because it is domestic violence offense. Your attorney will be able to give you more specifics as to the possible sentence associated with your particular circumstance.
Restraining Orders. Typically, a domestic violence case involves a restraining order. Victims claiming domestic violence can obtain a temporary restraining order (TRO) without informing the alleged domestic abuser. However, both parties must be present during a hearing for a permanent restraining order. It is important to note that a violation of the terms of a restraining order is considered a separate criminal offense. It is, therefore, very important to understand the parameters of a TRO, however inconvenient or unfair it may be. A Marshall Firm attorney can help you understand all of the responsibilities of a TRO so you can avoid any problems with following the terms of a TRO.
South River Restraining Order Defense Lawyer
Domestic violence matters are serious and could lead to significant legal consequences in your life, not to mention the emotion toll they take. You need to make sure you have a seasoned domestic violence lawyer on your side to help you through the legal maze. The lawyers at The Law Offices of Jonathan F. Marshall have decades of experience helping clients get through the domestic violence court process. Call today at 732-246-7126 for a free initial consultation. Lawyers are standing by to assist you.
