Restraining Order in the City of Linden
Domestic violence takes different forms ranging from emotional abuse to physical abuse. Yet, any type of domestic violence typically stems from one source – a romantic partner trying to exercise control over the other. Domestic violence cases often involve restraining orders that are accompanied by a criminal offense like harassment, terroristic threats, assault, criminal sexual contact and stalking. If you have been arrested or charged with a domestic violence-related offense in Linden, or elsewhere in Union County, you should retain a qualified lawyer immediately. The attorneys in the criminal defense practice of the Law Offices of Jonathan F. Marshall have the expertise and years of experience to properly defend you against a restraining order or domestic violence criminal charge. Call today at 973-272-1700 for a free initial consultation.
Domestic Violence Offense in Union County
Domestic violence is far from limited to the institution of marriage (i.e. husband/wife). They can take place between separated or divorced couples, individuals who have co-habituated or even people who have merely dated (i.e. boyfriend/girlfriend). In addition, domestic violence can refer to a wide range of conduct that involves physical or psychological abuse. Under the Prevention of Domestic Violence Act of 1991, the term “domestic violence” includes an incident of:
- Terroristic Threats
- Criminal Mischief
- Criminal Trespass
- Stalking
- Harassment
- Criminal Sexual Contact
- Aggravated Criminal Sexual Contact
- Sexual Assault
- Aggravated Sexual Assault
- Criminal Restraint
- False Imprisonment
- Kidnapping
- Homicide
As you will note, all of these possible triggering offenses for a finding of domestic violence and a restraining order represent criminal offenses. An individual faces varying criminal penalties if they are charged and convicted for such an offense. In addition, a court may require a person convicted of an event of domestic violence to undergo counseling or therapy.
Restraining orders. In addition to the above, a victim of domestic violence may request that a restraining order be entered against the defendant. A restraining order will severely alter your life by creating a bar to your having any contact with the victim, residing with him/her, possess any weapons and subjecting you to criminal charges if you have any contact with the victim. You will be required to stay away from the shared residence and probably also any children which you share with the plaintiff to a domestic violence complaint.
A temporary restraining order is issued based on the allegations of the accuser and evidence presented by the arresting police officer(s) of Linden without any input from the defendant. A final restraining order hearing is, however, scheduled to determine whether or not the restraints should be permanent. This is your opportunity to challenge the allegations of the victim. It takes place at the Family Division of the Union County Superior Court in Elizabeth New Jersey. You can present any evidence you believe supports your case, cross-examine the accuser and his/her witness, and present all legal arguments supporting dismissal of the temporary restraining order.
In addition, a violation of a restraining order results in criminal charges and, if it is a second violation of a restraining order, a jail term is mandatory. Accordingly, the collateral consequences of a domestic violence charge could be as difficult to navigate as the charges themselves. Having a skilled attorney by your side can be vital in handling the court and collateral issues that will arise.
Linden Restraining Order Defense Attorney
Domestic violence-related charges can involve a host of emotional and legal issues. You need a highly skilled attorney to help you through the legal maze, and aggressively protect your rights. Also, because the vast majority of domestic violence matters are resolved through plea bargains, you need a lawyer with the sensitivity to be able to negotiate the difficult subjects surrounding domestic violence in order to achieve the best outcome in your case. The lawyers at the Law Offices of Jonathan F. Marshall have that combination of legal experience and client-focused empathy to bring your case to a conclusion that will have the least impact on your life and your future. You can reach one of our attorneys 24/7 at 908-272-1700. Call today for a free initial consultation.
