Retraining Order Defense Lawyers in Plainfield New Jersey
An accusation of domestic violence can have dire consequences for you even before you have had a chance to defend yourself by telling your side of the story. Even though they are unproven allegations, if police charge you with domestic assault or harassment in Plainfield NJ, the New Jersey Prevention of Domestic Act gives judges the right to issue a temporary restraining order barring you from having contact with the victim or, if you share a home or apartment with the victim, prohibiting you from living at home
Domestic violence is a serious legal and social issue, but the attorneys at the Law Offices of Jonathan F. Marshall know that these types of allegations tend to have two sides. As former prosecutors and seasoned defense lawyers with more than 100 years of combined experience devoted to criminal law, our team understands the importance of challenging the evidence and forcing prosecutors to prove each and every element of the charges made against you. If you are facing accusations of domestic violence in Plainfield NJ or anywhere else in Union County, contact an attorney at our firm. A lawyer with the knowledge to help you is available at (908) 272-1700 anytime 24/7 for a free consultation.
Plainfield Domestic Violence & Temporary Restraining Order
If you push or threaten someone during an argument, a call to the police might result in your arrest on a criminal charge such as harassment, simple assault, aggravated assault, terroristic threat or stalking charges. However, if the victim is your child, spouse, boyfriend/girlfriend, or any of the other person afforded protection by the New Jersey Prevention of Domestic Violence Act, your case could be treated as a domestic violence incident. The statute, N.J.S.A. 2C:25-19, allows judges to issue a temporary restraining order and final restraining order in cases in which the victim is related to the accused in one of the following ways:
- Spouses and former spouses
- Children
- Domestic partners
- Parents
- Individuals in a current or past dating relationship
- Couples who have had a child together even if they never lived together
A restraining order prevents you from having any contact with the victim. It can also prevent you from continuing to returning to your home if you and the victim reside together. These consequences apply in addition to those for a criminal charge like terroristic threats, aggravated assault, harassment, stalking and, the most common offense, simple assault.
It is essential for your criminal defense attorney to have familiarity with domestic violence cases and be up to the task of handling matters in multiple courts. This is crucial should there be criminal contempt charges filed for violating a restraining order.
Penalties and Consequences in Plainfield NJ Domestic Violence Cases
If the underlying criminal charge is a disorderly persons offense, for example, simple assault, criminal mischief or harassment, your case will be heard in the Plainfield Municipal Court where you can be sentenced to a fine up to $1,000 and serve up to six months in jail. When the criminal charge is an indictable offense (e.g. second degree, third degree or fourth degree crime) such as aggravated assault, your case is in the Criminal Division of the Superior Court where you could be sentenced to pay fines up to $150,000 and serve up to 10 years in prison.
When a case is treated as a domestic violence incident, the Family Division of the Union County Superior Court has jurisdiction over deciding whether a restraining order should be issued and the terms of such order. It is, therefore, essential that the attorney defending you against the criminal charges be equally as experienced and capable of representing the family division proceedings. Keep in mind that violation of a temporary or final restraining order is a criminal contempt charge punishable as an indictable crime of the fourth degree with a sentence of up to 18 months in prison and fines up to $10,000.
Plainfield NJ Domestic Violence Defense Lawyer
Domestic violence allegations and the accompanying underlying criminal charge threaten your freedom and your relationship with your family. You need the trusted advice and representation from a skilled defense lawyer from the Law Offices of Jonathan F. Marshall. Our Plainfield domestic violence attorneys have years of experience in both Plainfield Municipal Court and the Union County Superior Court in Elizabeth New Jersey. An attorney is available 24/7 by calling (908) 272-1700. Initial consultation with a lawyer on our staff are free of charge.
