Rahway Domestic Violence Attorney
Restraining Order in Rahway New Jersey
A complaint alleging domestic violence can throw your life into turmoil with a blink of an eye. You can be restrained from returning to your home, seeing your children and having any communication with your spouse, boyfriend/girlfriend or any other individual protected by a temporary restraining order. To make matters worse, there is also a high probability that you have been charged with a criminal complaint which you will have to defend in an entirely different court from the restraining order which is handled at the Family Division of the Union County Superior Court. Hiring a seasoned defense attorney is unquestionably your best course of action if you want relief from these charges.
Skilled Attorneys to Defend Your Rahway Domestic Violence Case
The attorneys at the Law Offices of Jonathan F. Marshall have extensive experience defending domestic violence cases in Union County, including those arising in Rahway. If you have been accused of an act of domestic violence that resulted in issuance of a restraining order and/or criminal charges, a lawyer with the know-how you need is ready to conduct a comprehensive case review with recommendations on how we can turn this situation around as quickly as possible. Call us at 908-272-1700 for a free consultation with one of our lawyers immediately.
Domestic Violence Restraining Order in Rahway New Jersey
The Prevention of Domestic Violence Act of 1991 allows a victim of domestic violence to obtain a restraining order in order to protect against any further acts in violation of this law. A requirement to issuance of this relief is: (1) that the victim has standing under the act; (2) is a victim of an act(s) of domestic violence; and (3) a restraining order is necessary to prevent additional acts of domestic violence. To have standing under this law, the victim must be a spouse or former spouse of the defendant, have a child with the defendant or who was in a dating relationship with the defendant (e.g. boyfriend, girlfriend, etc.). An act of domestic violence means conduct that constitutes any of the following offenses:
- Simple Assault
- Aggravated Assault
- Criminal Mischief
- Terroristic Threats
- Criminal Sexual Contact
- Criminal Restraint
Provided a judge believes probable cause has been established that the the victim has standing and has been a victim of domestic violence, a temporary restraining order is issued without any evidence or testimony to the contrary from the accused. The opportunity to plead your case is at the final restraining order. This is the proceeding in the family court where a judge decides whether the incident really occurred and, if so, whether a final restraining order that permanently bars you from any contact with the victim is necessary. Representation by an attorney who is highly skilled in defending restraining orders is imperative at these proceedings since this is your only opportunity to defeat the restraints. If you are unsuccessful, the relief shall become final and you will be subject to arrest for contempt any time the victim alleges that you attempted to have contact with him/her.
Rahway Criminal Charges for Domestic Violence
In addition to the family court proceedings to determine whether the allegations in the domestic violence complaint are accurate and warrant permanent relief, you are probably also the subject of a criminal charge. If the underlying violation is a disorderly persons offense for simple assault or harassment, it will be heard in Rahway Municipal Court. If the offense is indictable in nature (e.g. fourth degree crime, third degree crime or second degree crime), it will be heard at Criminal Division of the Union County Superior Court. A lawyer who is experienced in defending domestic violence criminal charges like those at our firm can help you avoid a criminal record and other consequences that flow from conviction.
Rahway Domestic Violence Defense Lawyer
Domestic violence in Rahway is taken extremely serious but law enforcement and judges. You need to pursue your defense with the same level of commitment. The first step in protecting yourself is to contact a defense lawyer with experience in domestic violence. This is precisely what the attorneys at the Marshall Firm are capable of providing to you. We are former prosecutors who have been practicing at the Union County Superior Court and in Rahway for decades. To speak to a lawyer with an attorney with the knowledge and skill to help you, call our office at 908-272-1700. One of our lawyers is available 24/7 to assist you.