Temporary Restraining Order Issued in Scotch Plains New Jersey
Several years ago, a tragic domestic violence matter in Scotch Plains consumed the media. What began as a bitter custody dispute between a divorcing couple about the rearing of their child ended in a horrible murder-suicide. In the case, the 11-year-old child was a chess master, ranked 5th in his age group. His father wanted to continue to home-school the child so he could focus on chess. The child, however, wished to go to public school, and the child’s mother indicated as much in court papers. As a result of the contentious battle between the parents, the father did the unspeakable. He used his rifle to kill himself after killing his son. Without question, domestic violence matters are fraught with anger, stress, and intense emotion. If you are faced with a domestic violence charge and/or a restraining order, you need to be advised by an attorney who skilled in domestic violence criminal charges and the defense of a restraining order. The Law Offices of Jonathan F. Marshall have a group of attorneys who specialize in criminal defense and have handled too many domestic violence cases to even quantify. Our lawyers can provide you with the informed legal representation you need, while also helping you work through the emotional toll that comes with a temporary restraining order and a related criminal offense like simple assault, aggravated assault, harassment or terroristic threat. Call 908-272-1700 to speak to a Marshall Firm lawyer. The first consultation is free.
Domestic Violence Offense in Scotch Plains
Domestic violence cases in New Jersey do not only involve people who are married. They also can be between people living together, people who have children together, or people who are in a dating relationship. In New Jersey, domestic violence cases are handled in accordance with N.J.S.A. 2C:25-19, which is called the Prevention of Domestic Violence Act of 1991. The Act states that a “domestic violence” incident involves the type of relationships listed above, and involves offenses such as Harassment, Terroristic Threats, Aggravated Assault, Simple Assault and Stalking.
What are the penalties for domestic violence? Because there are so many offenses that fall under the term “domestic violence” if they involve married, dating, or cohabitating couples, the penalties vary depending on the underlying offense. That said, the basic penalties for indictable offenses in New Jersey are as follows:
| Degree of Offense | Fine | Imprisonment | Examples |
| Second Degree Crime | $150,000 | 5-10 Years | Aggravated Assault, Sexual Assault, Robbery |
| Third Degree Crime | $15,000 | 3-5 Years | Burglary, Terroristic Threat, Third Degree Aggravated Assault, Stalking |
| Fourth Degree Crime | $10,000 | Up to 18 Months | Criminal Sexual Contact, Criminal Mischief, Lewdness |
There are also sentencing enhancements when the crime is related to domestic violence. Your attorney can advise you on those possible penalties.
Will I have to worry about a restraining order? It is common for a restraining order to be a part of a domestic violence case. Typically, an alleged victim of domestic violence can obtain a temporary restraining order (TRO) against the alleged defendant without the defendant having an opportunity to defend him/herself. The defendant does, however, have an opportunity to present his/her side of the story if the alleged victim fails to dismiss the matter and proceeds to a final restraining order hearing. This where the accused has the opportunity to contest the allegations that allowed the “victim” to obtain the original restraining order and order of protection. Failure to enlist the services of a knowledgeable attorney at such a hearing can have dire consequences since a final restraining order is permanent and bars any contact between the plaintiff and defendant of the domestic violence complaint.
The lawyers at the Law Offices of Jonathan F. Marshall can also assist you if someone has placed a TRO against you. In particular, you should be aware that a violation of a TRO is considered an additional criminal charge. A second violation will lead to mandatory jail time. So, be sure to get appropriate legal representation the moment you learn of a TRO against you.
Scotch Plains Domestic Violence Defense Lawyer
Don’t let your domestic violence matter get further out of hand. Call a qualified domestic violence defense lawyer to help you through the process, so you can move forward in your life. You can reach one of the attorneys at the Law Offices of Jonathan F. Marshall by calling 908-272-1700. The first consultation with an attorney is no charge. Lawyers are standing by to help you 24/7.
