Cranford NJ Domestic Violence Lawyers
Domestic Violence Criminal Charges & Restraining Order in Cranford New Jersey
Domestic violence charges often arise out of physical or verbal altercations that occur in the home. The largest number of these offenses in Cranford are between a husband and wife or boyfriend and girlfriend although the law does not limited domestic violence to these settings.
A Cranford domestic violence case presents multi-faceted challenges. First of all, you face the potential of being removed from your home while waiting for a judge to rule on a final restraining order against you, which often comes as result of a temporary restraining order being placed against you by the alleged victim immediately after the incident.
In addition to this, you will face significant criminal penalties stemming from the alleged incident, including the possibly of incarceration, loss of your license, not to mention the stigma that comes along with being convicted of a domestic violence.
When analyzing these types of cases, our office scrutinizes each allegation and fact contained within the charging document. Our attorneys take a proactive and aggressive approach to undue any false domestic violence allegations that have been made against you so that the restraining order is dismissed and you are acquitted of the criminal charge in Cranford Municipal Court or pending at the county courthouse in Elizabeth.
Furthermore, a lawyer at our firm will act as a buffer between you and the state. For a free consultation with one of our experienced domestic violence lawyers, contact the Law Offices of Jonathan F. Marshall at 908-272-1700. We have an attorney to successfully resolve your domestic violence offense including a:
- Simple Assault
- Aggravated Assault
- Terroristic Threats
- Temporary Restraining Order (TRO)
- Final Restraining Order (FRO)
- Violation of a Restraining Order
- Dismissing a Final Restraining Order (FRO)
- Obtaining Release at a Domestic Violence Detention Hearing
- Weapons/Firearm Forfeiture
Domestic Violence Restraining Order Issued in Cranford
New Jersey’s Prevention of Domestic Violence Act (“the Act”) governs domestic violence in Cranford, New Jersey. This law, among other things, outlines the rules and procedures for the issuance of Temporary Restraining Orders, Final Restraining Orders and Violation of Temporary or Final Restraining Orders. It also defines domestic violence as one of more than 18 criminal offenses perpetrated against an individual protected under the law, including:
- Terroristic threats;
- Criminal restraint;
- False imprisonment;
- Sexual assault;
- Criminal sexual contact;
- Criminal mischief;
- Criminal trespass;
- Criminal coercion;
- Contempt of a domestic violence order; and
- Any crime involving risk of death or serious bodily injury.
Those protected under the Act include anyone who is 18 years of age or older, or who is an emancipated minor, and who has been a victim of domestic violence perpetrated by a spouse, former spouse, or household member; OR who, regardless of their age, has been a victim of domestic violence perpetrated by a person with whom they have a child in common, whom they are pregnant by, or with whom they have a dating relationship. Regardless of gender.
When law enforcement is called to the scene of an incident where a person claims to be a victim of domestic violence, the officer(s) are instructed to arrest the alleged perpetrator if they have probable cause to believe that an act of domestic violence has indeed taken place, and in many cases, will do so whether the alleged victim is willing to sign a criminal complaint or not.
At this point, the alleged victim can file criminal charges, request a restraining order, or both. A criminal complaint arising from the alleged incident of domestic violence can be lodged in Cranford Municipal Court (e.g. disorderly persons offense for simple assault, harassment, etc.) or at the Union County Superior Court (i.e. aggravated assault, stalking, terroristic threat, etc.) by either the alleged victim or, if there were visible signs of injury, by law enforcement.
The alleged victim may also ask for a temporary restraining order to be issued immediately. In this case, a family court judge may grant a temporary restraining order against the alleged perpetrator until such time as a final restraining order hearing can be held where it will be decided if an act of domestic violence actually occurred, and whether a final restraining order is warranted. During this time (up to 10 days) the alleged perpetrator will be prohibited from having any contact with the alleged victim. Failure to adhere to
Cranford Restraining Order Defense Attorney
There is undoubtedly a lot at stake if you have been accused of domestic violence in Cranford or anywhere else in New Jersey. How your case turns out will largely depend on the choices you make after being charged and the defense attorney you retain to defend you. If you have been charged with domestic violence in Cranford, New Jersey, here is what you need to do:
- Keep away from your accuser. Odds are there is a temporary restraining order in place against you already. Violating this order will only create more trouble for you, as contempt of a domestic violence order is another serious criminal offense.
- Seek the services of an experienced domestic violence lawyer immediately. Our savvy domestic violence lawyers can act as your agent and vigorously defend your interests. Our office has handled hundreds of domestic violence cases in New Jersey and our attorneys know exactly what needs to be done immediately to protect your rights.
At the Law Offices of Jonathan F. Marshall, you can find a lawyer who understands legal procedure and how to get the best results for our clients. For a free consultation with an attorney immediately, call 908-272-1700.