Hillside Domestic Violence Attorney
Restraining Order in Hillside New Jersey
It is common for an assault or other offense in Hillside to arise out of allegations of domestic violence. When this is the case, an individual typically faces both a criminal charge and a restraining order at the Family Division in Elizabeth. If you are faced with a case in either venue, an attorney at the Law Offices of Jonathan F. Marshall is well positioned to represent you. Our team of defense lawyers have extensive experience appearing on behalf of clients in Hillside Municipal Court, as well as the Union County Superior, who have been accused of domestic violence and are facing a temporary restraining order. A defense lawyer on our staff is available around the clock to assist you. Contact our office at 908-272-1700 to speak to one our attorney immediately.
Domestic Violence Complaint in Hillside New Jersey
A victim of domestic violence in Hillside is given the opportunity to file a complaint seeking entry of a temporary restraining order under the Prevention of Domestic Violence Act of 1991. In order to qualify for this relief, the person must be a spouse, former spouse, boyfriend, girlfriend or share a child with the alleged batterer. A temporary restraining order may be entered by the court if it finds that, based on the allegations of the victim and investigating police officers, that an act of domestic violence was committed. Conduct satisfies this requirement if it involves an offense such as:
- Simple Assault
- Terroristic Threat
- Aggravated Assault
- Criminal Restraint
- Criminal Mischief
Provided the victim qualifies and there is a finding of probable cause to believe domestic violence was committed, a temporary restraining order is issued. The accused has his/her day in court to contest these allegations at the final restraining order hearing. This is the proceedings where a Family Court judge must decide whether the order should become permanent or be dismissed. This is the only opportunity that someone accused of domestic gets to to contest that domestic violence occurred and that a restraints are needed to protect the victim.
It is important to keep in mind that the restraining order proceedings are civil in nature and have little to do with the outcome of the criminal case. In fact, you can lose a restraining order hearing and be acquitted on a charge domestic assault or another offense. The prosecutor must prove, beyond reasonable doubt, that you committed a disorderly persons offense or crime in order to convict you whereas the showing is only that there is a better chance than not that you committed the act when it comes to establishing a predicate act of domestic violence in a restraining order hearing.
Hillside Restraining Order Defense Lawyer
Failure to successfully defend a restraining order results in extreme consequences including a permanent bar to your residing or having any contact with your accuser. It also exposes you to arrest for violating a restraining order any time the “victim” reports contact or attempted contact by you. What this means is that all they have to do is pick up the telephone and tell the police you were driving by their house or lodge some other he said/she said allegations of contact and you get arrested. Retaining a defense lawyer with experience defending domestic violence cases like those at the Marshall Firm goes a long way in mitigating the chances of problems such as these. An attorney at our firm will make certain that all facts and arguments in your favor are properly presented to the judge so that you can avert a final restraining order and conviction in a domestic violence criminal case. To speak to one of the attorneys on our staff immediately, call 908-272-1700. Lawyers are available to assist you 24/7.