Restraining Order in Mountainside Borough
Some time ago, Mountainside Police handled a very dangerous domestic violence matter. A 29-year-old Mountainside resident was the target of a domestic violence investigation that resulted in a restraining order against him and a warrant to search his home. The target had been stalking his ex for some time. When police searched his home they discovered a number of illegal weapons, and they charged him with stalking, invasion of privacy, criminal coercion, and unlawful possession of weapons. Such a case is a real world example of the various types of domestic violence offenses – here stalking and invasion of privacy – as well as the fact that a restraining order was placed against the defendant. If you are facing domestic violence charges, you need a qualified domestic violence attorney to represent you in court. We are the Law Offices of Jonathan F. Marshall. Our attorneys are experts in defending against domestic violence charges. We understand the complex issues and emotions that are tied to a domestic violence situation. We approach our representation with skill and sensitivity to help you achieve the best outcome. Call us at 908-272-1700. The first consultation is free. Know your rights and obligations. We are available 24/7 to speak with you.
Domestic Violence Offenses in Mountainside New Jersey
N.J.S.A. 2C:25-19 is New Jersey’s Prevention of Domestic Violence Act of 1991. The Act states that a domestic violence crime is one that occurs between married persons, people living together, people who share children, or people who are in dating relationship. Note that domestic violence is not a crime that only occurs in romantic relationships. Abuse of an elder, in a situation where for example a mother and daughter live together, can also be considered an act of domestic violence. Crimes such as simple assault, harassment, stalking, aggravated assault and terroristic threats are considered “acts of domestic violence” when they occur between people with the relationships mentioned above. This entitles the victim to obtain protection of a temporary restraining order (“TRO”) or final restraining order (“FRO”).
Sentences for Acts of Domestic Violence relate to the Underlying Offenses. The potential sentence for a domestic violence offense depends on the sentence recommended for the underlying criminal offense. However, the fact that the crime is an act of domestic violence enhances whatever sentence is recommended. Be sure to consult with your attorney regarding the penalties specific to the criminal case you are facing. The most common of these charges is a simple assault offense in Mountainside although aggravated assault, harassment, terroristic threats and stalking are also prevalent.
TROs and FROs – Restraining Orders. It is common for an alleged victim of domestic violence to obtain a temporary restraining order (“TRO”) against the alleged abuser in a domestic violence matter. A TRO can be obtained without notice or input from the alleged abuser. A final restraining order (“FRO”) is only typically entered after the parties have the opportunities to present their cases at a formal hearing (a.k.a. final restraining order hearing).
You should be aware that violating a restraining order will be considered an additional criminal offense. A second violation results in mandatory jail time. Accordingly, you must take TROs very seriously. Your attorney can help ensure that you know what your obligations are with regard to a TRO, and what you need to do to avoid further charges against you. The imposition of a TRO can be a very traumatic change in your life routine. That is particularly true if you were living with the alleged victim, and now you must find another place to reside. Again, your Mountainside Criminal Attorney can give you guidance on how to manage complying with a TRO, so you can reasonably continue to work while the TRO is in place and the domestic violence case progresses.
Mountainside Restraining Order Defense Attorney
Domestic violence cases have an added dimension that other criminal offenses do not have because the acts always occur between people with a history together. The criminal lawyers at the Law Offices of Jonathan F. Marshall understand the difficult emotions that come along with such cases, as well as the stakes presented when someone is subject to a restraining order. In fact, our attorneys have handled many domestic violence cases over the years in both Mountainside Municipal Court and at the Union County Superior Court in Elizabeth New Jersey. Whether you need our help with a pending criminal charge, final restraining order hearing or both, a defense attorney at our firm has the experience you can count on to properly protect you. Call 908-272-1700 for an immediate free consultation with a lawyer on our staff.
