In New Jersey, law enforcement is instructed and authorized to stabilize domestic violence situations. This means that sometimes a single phone call to the police can result in an arrest on charges of assault or harassment, and a temporary restraining order being issued, even though there may not be any proof that you are actually guilty of an act of domestic violence. The only way to correct the situation is with an attorney who is experienced in handling these matters.
If you have been charged with a criminal offense related to domestic violence, our defense lawyers can intercede on your behalf, both in the criminal matter and in the hearing that will take place to determine whether the restraining order against you is appropriate. When you need to defend yourself against charges of domestic violence, the attorneys on our defense team can provide you with the aggressive representation that you need.
For a free consultation with an experienced domestic violence lawyer, call the Law Offices of Jonathan F. Marshall at (908) 272-1700. We have years of experience handling domestic violence cases involving:
- Simple Assault
- Harassment
- Aggravated Assault
- Terroristic Threats
- Temporary Restraining Order (TRO)
- Final Restraining Order (FRO)
- Violation of a Restraining Order
- Setting Bail in a Domestic Violence Case
- Weapons/Firearm Forfeiture
Domestic Violence Charge in Elizabeth New Jersey
Domestic violence is the type of charge most people don’t see coming. Often it starts with a verbal argument between two loved ones and gets more and more heated.
The next thing you know, someone is making a phone call to 911. This one phone call can change your life because in New Jersey, when the police respond to a domestic violence call, someone is getting arrested and going to jail.
Then, before you even get released from jail, a temporary restraining order can be issued against you. If you live with the alleged victim, this means you can’t go home and may not even be allowed to have contact with your children.
To make matters worse, you have a criminal case to worry about as well. A domestic violence conviction can mean jail time, the loss of certain rights, and the stigma of a criminal conviction on your record, which amongst other things can really hurt your job prospects.
New Jersey’s Prevention of Domestic Violence Act
Domestic violence in New Jersey is governed by New Jersey’s Prevention of Domestic Violence Act. This act sets forth the rules and procedures for the issuance of:
- Temporary Restraining Orders
- Final Restraining Orders
- Violation of Temporary or Final Restraining Orders.
It also defines domestic violence as one of more than 14 enumerated criminal offenses committed by one individual against another who is 18 years of age, or an emancipated minor and who is either a spouse, former spouse, present or former household member; or in a dating relationship (past or present), or has a child or plans to have a child with the alleged abuser.
Under The Prevention of Domestic Violence Act, a domestic violence offense has two components:
- The family law component heard in a superior court. This is where temporary restraining orders are often issued and where the final restraining order is conducted.
- The criminal law component handled in the municipal court of the town where the charge was filed or, depending on the severity of the charge, also at the Criminal Division of Superior Court in Elizabeth.
Dealing with Criminal Charges and Restraining Orders in Elizabeth
There is obviously a lot on the line when you have been charged with a domestic violence offense and there are a lot of different ways your case can turn out. If you have been charged with a domestic violence offense, here is what you need to know:
- Stay away from your accuser. Chances are you already have a temporary restraining order placed against you. If you violate this order, you will only make a bad situation worse and be charged with an additional criminal offense for violating a restraining order.
- Hire an experienced domestic violence lawyer as soon as possible. Our domestic violence lawyers have successfully resolved a countless number of domestic violence cases and, in many instances, over-achieved in securing dismissals of the charges where our clients were guilty.
Give us a call for a free consultation with an experienced attorney so that we can explain what we can do to help you through this difficult time. Call the Law Offices of Jonathan F. Marshall at 908-272-1700 to speak to one of our attorneys immediately without charge.
