Clark NJ Domestic Violence Attorney
Domestic Violence Offense in Clark Township
Have you been accused of domestic violence in Clark Township New Jersey? Has a restraining order been filed against you because of allegations of a domestic assault made by your wife, husband, boyfriend, girlfriend or another person you dated? Domestic violence cases are complex and fraught with emotional, as well as legal, challenges. Domestic violence can be either emotional or physical abuse, or both. In most cases, one person’s attempt to control another is at the root of domestic violence situations. When faced with a criminal charge or restraining order involving domestic violence, you need to obtain representation by an attorney who can give you sound advice based on years of handling these delicate matters, and can do so sensitively and without judgment. We are the Law Offices of Jonathan F. Marshall and our lawyers specialize in representing individuals charged with criminal offenses like those involving domestic violence. We also happen to possess over 100 years of combined experience defending restraining orders. The attorneys at The Marshall Firm are ready to put their years of experience handling domestic violence charges like simple assault, aggravated assault, harassment, terroristic threats and stalking into action on your behalf in Clark Municipal Court and the Union County Superior Court. Call us at 908-272-1700 for a free initial consultation with a lawyer anytime 24/7.
Domestic Violence Restraining Order in Clark New Jersey
Lawmakers recognized that domestic violence was a serious issue and adopted the Prevention of Domestic Violence Act of 1991. This law established a framework which guides how allegations of domestic violence are handled in Clark Township and the rest of New Jersey. The discuss that follows is intended to provide you with a working knowledgeable concerning what constitutes domestic violence and the relief that may be granted if an incident occurs (e.g. issuance of a temporary or final restraining order).
Offenses associated with domestic violence. In New Jersey, there are various criminal offenses associated within the umbrella term “domestic violence.” The following charges are considered domestic violence when committed on a victim covered by the prevention law:
- Simple Assault
- Aggravated Assault
- Terroristic Threat
- Criminal Restraint
- False Imprisonment
- Criminal Sexual Contact
- Aggravated Criminal Sexual Contact
- Sexual Assault
- Aggravated Sexual Assault
- Terroristic Threats
- Criminal Mischief
- Criminal Trespass
The possible sentence associated with any of the above offenses depends upon the facts of your case and the particular offense charged. If the offense involves an indictable crime of the first, second, third or fourth degree like aggravated assault or terroristic threats, it will be handled at the Criminal Division of the Superior Court located in Elizabeth. Disorderly persons offenses for charges like simple assault and harassment are handled in Clark Municipal Court. Irrespective, you need to consult an attorney to defend your Clark NJ domestic violence criminal charge since a conviction leads to a record and penalties that include fines, counseling, anger management, drug treatment, probation and even a county jail or state prison sentence.
Restraining Orders. An individual who is a victim of one of the aforesaid incidents of domestic violence may apply for a temporary restraining order against the aggressor provided that they can: (1) establish that they are someone who is entitled to protection under the law; and (2) there is probable cause to believe that they are the victim of domestic violence. An individual qualifies for a temporary restraining order if they are related to the defendant as a spouse, former spouse, boyfriend, girlfriend, co-parent, someone they dated or someone with whom they resided. Provided standing exists for protection, all that the victim needs to do is to demonstrate that it is more likely than not that they were subjected to an act of domestic violence by the defendant. It is important to keep in mind that this determination is based solely on the allegations and evidence presented by the victim and police to a Superior Court Judge; typically, over the telephone.
Issuance of a temporary restraining order can have a devastating impact on a defendant to a Domestic Violence Complaint in Clark or anywhere else in the state. It bars any contact with the plaintiff, any residence that was shared and also with children who reside with the victim. It also results in seizure of any and all weapons owned or possessed by the defendant. Violation of the temporary restraining order by contacting the victim over a cell phone, in person, driving by their residence, texting or emailing results in Criminal Contempt. This is a separate criminal charge that can result in your being incarcerated.
Your opportunity to tell your side of the case and present all of your evidence and witnesses is at the Final Restraining Order Hearing. This proceeding is held at the Family Division of the Union County Superior Court in Elizabeth. This is your only opportunity to refute the allegations and to obtain a dismissal of the restraints. If you fail to succeed at the final restraining order hearing, the relief granted to the victim becomes permanent. This means that you will never be able to have contact with the victim, visit or reside in the shared residence or own/possess a weapon. It also means that the victim can pick up the telephone at any time and accuse you of violating the restraining order and that this will almost certainly result in your arrest.
Make sure that you consult an attorney with regard to a restraining order placed against you. Such orders can create enormous difficulties in your daily life. For example, if you are ordered to keep away from a spouse or partner, then that may mean that you must stay away from your family home. You still may be responsible for the mortgage of that family home, even though you cannot live there. Also, violating a restraining order may lead to more criminal charges against you. A court is mandated to impose a jail sentence if you violate a restraining order more than once. Having an experienced attorney in your corner, like one of the attorneys at The Law Offices of Jonathan F. Marshall, is invaluable in navigating all aspects of a domestic violence case.
Clark Domestic Violence Defense Lawyers
Domestic violence cases are very serious matters that require the help and support of a seasoned attorney. They invariably involve not only exposure to criminal charges with the potential for serious penalties but also restraining orders. Stakes like these require that you enlist defense lawyers who are skilled in this area. Let the team of attorneys at The Marshall Firm help you through this difficult time so you can get your legal issues, and your life, in order. Call today for a free initial consultation. A lawyer with the qualifications to successfully defend your criminal and restraining order cases is available immediately at 908-272-1700.