Restraining Order in Roselle New Jersey
Although the Borough of Roselle is far from the worst municipality in Union County for domestic violence, these types of incidents can occur anywhere. Whether the result of conflict between a husband and wife, break up with a boyfriend/girlfriend or an altercation between siblings, domestic violence exists in just about everywhere. If you allegedly committed a simple assault in Roselle, harassment or another criminal offense that resulted in issuance of a restraining order, you need to know what you are up against by speaking to an experienced lawyer.
Most criminal charges stemming from an incident of domestic violence involve a disorderly persons offense. While a violation falling within this grade are handled in Roselle Municipal Court, you will not only have a record if convicted but could also end up in jail for up to six months. A more serious case, for example, one involving an aggravated assault in Roselle, exposes you to a felony conviction and the potential for years in state prison at the Union County Superior Court in Elizabeth NJ.
On top of your criminal case, a temporary restraining order is typically issued in conjunction with domestic violence. This relief bars the aggressor in a relationship from having any contact with the victim, returning to any residence that they shared or possessing any weapon until such time as a final decision is made by the court concerning whether the restraints are needed permanently. The proceeding where this takes place is a final restraining order hearing and this occurs at the Family Division of the Superior Court. This hearing is the only opportunity you will have to contest the allegations that you committed a domestic assault or other act of domestic violence. There are also other defenses that can be raised by a skilled attorney so that the restraining order is dismissed.
When Does Conduct Constitute Domestic Violence? Domestic violence is abusive conduct directed at someone afforded protection by the Prevention of Domestic Violence Act.
What Conduct Constitutes Domestic Violence? There is a long list of behavior that constitutes domestic violence when directed against a qualifying victim including:
- Simple Assault
- Aggravated Assault
- Harassment
- Terroristic Threats
- Criminal Mischief
- Stalking
- Burglary
- Criminal Restraint
Who Qualifies for a Restraining Order Under the Prevention of Domestic Violence Act? To qualify for protection with a restraining order, the victim have been subjected to an act of domestic violence like those previously set forth by a spouse, former spouse, any other person who is a present or former household member, with whom the victim has a child in common or anticipates having a child in common (i.e. pregnant), or with whom the victim has had a dating relationship.
Roselle Restraining Order Defense Attorney
Roselle has the same issues as any municipality and domestic violence is one of them. If you were served with a restraining order and/or criminal complaint alleging domestic violence, you certainly are not the first or last in the community to have this misfortune. What is important at this stage is that you retaining a defense attorney with the skill to help you. This is what you can accomplish by contacting the lawyers at the Law Offices of Jonathan F. Marshall. We are former prosecutors and knowledgeable criminal attorneys that have been practicing in Union County, including the Borough of Roselle, for over 100 years between us. Whether you are facing a criminal charge in the Roselle Municipal Court or at the county level, we have the experience to protect you interests. A lawyer with the skills to successfully defend your restraining order hearing is also at our firm. Contact us at 908-272-1700 for immediate assistance.
