Kenilworth Domestic Violence Defense Attorney
Temporary Restraining Order Lawyer in Kenilworth
There has been plenty of media exposure to the issue of domestic violence and a municipality like Kenilworth certainly has its fair share of incidents. If you were involved in such a situation and need a Kenilworth domestic violence defense attorney because you were served with a restraining order or charged with a criminal offense like simple assault, aggravated assault, harassment or terroristic threats, we can help you. We are the Law Offices of Jonathan F. Marshall, a defense firm comprised of eight criminal lawyers who have been defending domestic violence offenses and restraining orders at the Union County Superior Court and Kenilworth Municipal Court for decades. A lawyer at the firm has the ability to prepare a plan to ensure that you have all the opportunity available to succeed in court. To speak to one of our attorneys about the scenario you are facing, contact our Union Office at 908-272-1700 for a free consultation.
Domestic Violence Charge in Kenilworth New Jersey
Domestic violence is treated seriously under New Jersey Law. The result is that an individual convicted of domestic violence in Kenilworth faces not only penalties for committing a disorderly persons offense or crime but also the impact of a restraining order. This occurs because that the Prevention of Domestic Violence Act affords a qualifying victim of domestic violence the opportunity to secure a temporary restraining order to protect them against further acts of aggression. The headings that follow outline the important points of this law in the even you have been served with a temporary restraining order as a result of an accusation of domestic violence in Kenilworth.
- Who Qualifies For A Restraining Order. A victim who is a current or former spouse (e.g. husband or wife), current or ex boyfriend or girlfriend, someone the defendant has dated or whom the defendant has resided, qualifies to apply for a restraining order.
- When Is a Restraining Order Granted. A judge hears the allegations of the plaintiff, as well as any testimony or evidence from the police, and must find probable cause to believe that an incident of domestic violence occurred and that a temporary restraining order is necessary to protect the victim. Please note that there is no ability for the defendant to participate or present his/her side of the story at this stage of the process.
- Relief Afforded By A Restraining Order. A temporary restraining order bars any contact between the parties, results in seizure of any weapons possessed or owned by the defendant and precludes the defendant from returning or residing in the same household of the victim.
- What Is An Incident Of Domestic Violence. An incident of domestic violence (a.k.a. a domestic violence offense) occurs when an individual qualifying under this law is the victim of a criminal offense such as harassment, simple assault, terroristic threats, stalking, aggravated assault, criminal mischief or burglary.
- When Can I Present My Case. A final restraining order hearing is scheduled within a week or two of issuance of the temporary restraining order. This is the proceeding where you get to present your evidence and side of the story. This is your only opportunity to defeat the restraints. If you fail to present a case that results in a dismissal of the restraining order, the restraints become permanent. This means that you can never communicate with the victim, reside in the same household, own or possess a weapon and that you will be subject to a final and permanent restraining order for domestic violence. A violation of a restraining order by making contact with the victim or worse results in immediate arrest and issuance of a separate criminal charge for contempt.
- Can I Be Arrested As A Result Of Allegations Of Domestic Violence. If the Kenilworth Police see visible signs of injury to the victim, there is probable cause to believe that the defendant has violated an existing temporary or final restraining order or a there is a warrant for the defendant’s arrest, arrest of the defendant is mandatory. Arrest is otherwise discretionary assuming probable cause exists to believe that domestic violence has occurred.
- Why Do I Have Two Different Court Dates. You have two court dates because you are facing a criminal charge in either the Kenilworth Municipal Court or in the Criminal Division of the Superior Court in Elizabeth, and an entirely separate Family Court proceeding to decide whether the restraining order becomes final.
Kenilworth Restraining Order Lawyer
A police call can quickly turn your life upside down when it involves allegations of domestic violence in Kenilworth or anywhere else in New Jersey. You can be removed from your home, barred from seeing your children and subjected to many other significant restraints. It is imperative that you secure the services of a savvy lawyer if you are the subject of a restraining order and/or related criminal charges. An attorney who has defended many temporary restraining order hearings and is familiar with the court system in Union County is going to provide you with the greatest chance of obtaining a dismissal of the restraints and an acquittal for domestic assault or another predicate offense. The lawyers at the Marshall Firm are fully equipped to deal with both of these proceedings with over 100 years of collective experience handling these types of cases. To speak to one of our attorneys immediately, call 908-272-1700.
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