Rahway NJ Domestic Assault Lawyer
As you probably know, assault can be a serious offense and especially so when it constitutes domestic violence. The primary reason is because this scenario triggers not only potential criminal penalties but also application of the New Jersey Domestic Violence Prevention Act (“NJDVPA”). This law permits a victim of a domestic assault to secure a restraining order under certain conditions. This is the case even when the underlying allegations involve a disorderly persons offense for simple assault. The situation is even more extreme when the charge is for aggravated assault since the consequences of a conviction include significant time in prison/jail and apply on top of the ramifications of a temporary or final restraining order (e.g. forced vacate your residence with the victim, limitation on your visitation, etc.). Judges sitting in Union County historically take a hard line on domestic assault, making it extremely important to obtain experienced representation from a lawyer who is knowledgeable in this area of law. Our lawyers have worked both sides of domestic assault cases like the one you are facing, as both defense attorneys and prosecutors, and know what it takes to successfully defend you. We offer representation throughout Union County including those arrested in Elizabeth, Linden, Garwood, Summit and Clark. Call The Law Offices of Jonathan F. Marshall at 908-272-1700 to speak to one of our attorneys in a free initial consultation.
What Happens When A Spouse or Boyfriend/Girlfriend Is The Victim of an Aggravated Assault?
While there is no reference to a husband/wife or boyfriend/girlfriend as a victim in the aggravated assault statute, that is of no consequence in terms of prosecution. The law is written broadly to cover a broad range of potential victims and there is no doubt that individuals who have enjoyed a domestic relationship are protected by N.J.S.A. 2C:12-1(b). In addition, the domestic violence law sets forth very plainly that an assault, either simple assault or aggravated assault, constitutes a form of domestic violence. Any individual who commits an incident of domestic violence against someone eligible for protection under the NJDVPA may have a restraining order issued against them. The NJDVPA defines “eligible domestic violence victims” as a spouse, former spouse, or any other person who is a present or former household member. It also includes individuals that share a child in common regardless of habitation, as well as individuals that are currently in a dating relationship. Although previous versions of the law did not protect individuals in same sex relationships, the law currently does protect such persons.
When police answer a domestic call and there are allegations of assault, they are required by law to arrest the accused if they determine there is probable cause to believe a simple assault or aggravated assault occurred (i.e. any form of domestic violence) and the victim exhibits signs of injury, there is a warrant for his/her arrest, they committed a restraining order violation, or used a weapon during an incident of domestic violence. An arrest is discretionary if none of these circumstances are satisfied but the victim is to be provided the opportunity to seek a restraining order under all circumstances. If granted, a temporary restraining order is put into place that usually provides the following:
- Prevent the accused from having access to the home/apartment occupied with the victim;
- Prevent all contact and communication with the victim;
- Temporary full custody of children and pets to the victim;
- Temporary support payments to the victim;
- Seizure of all weapons.
Temporary restraining orders are typically issued in emergency situations without the defendant’s presence. However, when a temporary restraining order is issued by the court, a hearing, with the defendant present, must be held within 10 days of the order. This is referred to as a final restraining order hearing. This is where the accused has the opportunity to contest the allegations that he/she committed an aggravated assault and/or another form of domestic violence. If the final restraining order is denied, the prior limitations are lifted as if they never occurred. If, however, the hearing is lost and a final order is granted, the accused is permanently barred from access to his/her dwelling with the victim, from communicating with the victim, and must comply with any and all other conditions (e.g. restrictions on visitation, payment of support, etc.) imposed by the court.
Roselle NJ Domestic Assault Defense Attorney
The Borough of Roselle is no different than other Union County municipalities when it comes to domestic assault. This problem effects all communities and walks of life. If you were arrest in Roselle, Westfield, Rahway, Kenilworth, Cranford or another town in the region for a domestic simple assault or aggravated assault, an attorney at The Law Offices of Jonathan F. Marshall is ready to defend you. Call our Union Township Office anytime 24/7 to speak to one of the attorneys on our staff. A lawyer is available now at 908-272-1700 to assist you immediately.
If you were charged with aggravated assault based on allegations of domestic violence in Elizabeth, Linden, Kenilworth, Roselle, Westfield, Garwood, Cranford, Rahway, Summit, Clark, or another town in Union County, call 908-272-1700 for a free consultation with the attorneys at Marshall, Bonus Proetta & Oliver, 2204 Morris Avenue, New Jersey 07083.