Garwood NJ Domestic Violence Lawyer
Temporary Restraining Order in Garwood New Jersey
Domestic violence cases tend to be intensely emotional and involve a great deal of stress and anger. If you have been charged with domestic violence and/or you currently face a restraining order in Garwwood or elsewhere in Union County, your best course of action is to seek legal defense from a lawyer with experience and skill defending domestic violence criminal charges and restraining orders. At the Law Offices of Jonathan F. Marshall, a group of lawyers who specialize in criminal defense have represented innumerable clients in domestic violence cases. Our attorneys offer skilled legal representation. In addition, we can help you as you deal with the emotional toll associated with a restraining order and any related criminal offenses, such as harassment, aggravated assault, simple assault, or terroristic threat. Contact us today at 908-272-1700 to speak with a Marshall Firm attorney for a free consultation.
Garland NJ Domestic Violence Offense or Restraining Order
Under the Prevention of Domestic Violence Act of 1991, a domestic violence victim in Garfield, Union County, can file a temporary restraining order. The individual must be a spouse, former spouse, girlfriend, boyfriend, or share a child with the person to have a temporary restraining order entered by a Union County court. In addition, the court must make a finding that an act of violence was or was not committed. The conduct component of a restraining order is fulfilled if any of the following offenses are involved:
- Aggravated Assault
- Simple Assault
- Terroristic Threat
- Criminal Mischief
- Criminal Restraint
The person accused of domestic violence gets his or her day in court at the final restraining order hearing. In this proceeding in which allegations are contested, a Family Court Judge makes the decision regarding whether the temporary order should be dismissed or made permanent. This hearing is the only opportunity the person accused of domestic violence gets to contest the charge and the claim that a restraining order is needed for the protection of the alleged victim.
Restraining order proceedings are matters heard in civil court, and they rarely have an impact on the outcome of a criminal case. It’s not unusual to be acquitted of a criminal offense such as domestic violence and yet lose at the restraining order hearing the charge is associated with. In criminal cases in Union County, a prosecutor must prove beyond a reasonable doubt that an individual committed a crime. In civil cases on a restraining order, it only needs to be proven that there is a greater likelihood than not that a person committed the act he or she is accused of, to establish a predicate act of domestic violence.
Extreme consequences are the potential result of failing to successfully defend a restraining order. You are subject to arrest for being in violation of a restraining order at any time that the “victim” calls the police to report contact or attempted contact. You could be permanently barred from access to your home. If the victim claims to see you drive past his or her residence, you could be arrested.
Garwood Restraining Order Defense Attorney
By retaining a qualified defense attorney with experience in domestic violence cases, you gain your best opportunity to mitigate the potential problems associated with having a restraining order judgment made against you. Attorneys at the Marshall Firm will provide you with skilled representation of all facts and arguments that can help you avert both a final restraining order and conviction in a domestic violence criminal case. Our lawyers are available to assist you 24/7. Call us today at 908-272-1700 to speak to a lawyer on staff without delay.