Restraining Order in Roselle Park
Defending against a simple assault, harassment or other criminal charges when the victim is someone you have a relationship with can become complicated as the result of the New Jersey Prevention of Domestic Violence Act. Among the provisions of the law is the power given to judges the right to issue a temporary restraining order without any ability to present a defense prior to entry. This is the case despite the fact that issuance of a temporary restraining order bars you from returning to your residence with the “victim”, commuting with him/her or even seeing any children which you share.
The attorneys at the Law Offices of Jonathan F. Marshall can provide thorough legal representation against allegations of domestic assault or a restraining order. We are former prosecutors and highly accomplished defense lawyers that have over 100 years of experience defending charges in Roselle Municipal Court and at the Union Superior Court in Elizabeth. A Roselle Park NJ domestic violence attorney with the experience, knowledge and skills to protect your rights and interests in family court, municipal court and superior court is available immediately to assist you in a free consultation. Contact our Union Office at (908) 272-1700 to speak to a lawyer now.
Temporary Retraining Order in Roselle Park New Jersey
The guidelines for issuance of a temporary restraining order required evidence that an act of domestic violence was committed against a victim with standing to secure relief. Domestic violence includes conduct that constitutes:
- Aggravated assault
- Simple assault
- Harassment
- Homicide
- Terroristic threat
- Kidnapping
- False imprisonment
- Stalking
For instance, if you get into an argument and push a co-worker who stumbles and suffers a minor injury, you could be charged with the crime of simple assault. You would have to go to municipal court to defend against the charges, and you could end up with a criminal record if convicted. If, however, the injured person is your husband or wife, the victim could obtain a temporary restraining order on top of the filing of a criminal offense. When you are an ex boyfriend/girlfriend, husband/wife, share a child in common or were otherwise in a dating or domestic relationship of some kind, the law provides for issuance of a restraining order. An individual possesses this standing N.J.S.A. 2C:25-19 if they are:
- spouses and former spouses
- children
- domestic partners
- parents
- individuals in a dating relationship
- couples who have had a child together even if they never lived together
Temporary restraining orders can be granted before you have an opportunity to defend yourself or be heard. Restraining orders can order you to stay away from the victim and cease any attempts to contact the person by phone, email or other methods. If you and the victim live together, you could be prohibited from returning home.
Because of the jurisdiction given to family court to issue a restraining order, your criminal defense attorney must be familiar with domestic violence cases and be capable of handling matters in multiple courts. This is particular crucial if there is a violation of a restraining order and a criminal contempt charge is filed against you.
Penalties and Consequences in a Roselle Domestic Case
If you are convicted of the underlying criminal charge in a domestic violence case, you face the penalties associated with those charges. For example, the penalties for a simple assault can be up to six months in jail and fines up to $1,000. Depending on the facts of the case and the charges filed, aggravated assault could be a crime of the second degree punishable by five to 10 years in prison and fines up to $150,000.
Violation of a restraining order is a crime of the fourth degree, criminal contempt, and can cause you to spend up to 18 months in prison and pay a fine as high as $10,000. The law requires a minimum period of confinement in prison or jail for multiple violations of restraining orders.
Roselle Park NJ Domestic Violence Defense Lawyer
When you are confronted by domestic violence allegations along with serious criminal charges, you need the services of a Roselle Park NJ domestic violence defense lawyer. The attorneys from the Law Offices of Jonathan F. Marshall have extensive experience defending charges of assault and restraining orders arising out of domestic violence. If you were arrested and/or served with a temporary restraining order, an attorney on our team is prepared to mount a potent opposition to the allegations against you. To learn how our lawyers can assist you in defending your domestic violence case, call (908) 272-1700 for a free initial consultation.
