Union Township Restraining Order Defense Lawyers
The New Jersey Prevention of Domestic Violence Act (“Domestic Violence Act”) imposes serious consequences for those who are found guilty of domestic violence in Union NJ and elsewhere in the state. In addition to a charge for simple assault, aggravated assault, terroristic threat, harassment or another criminal offense, an accused often also faces a restraining order. Entry of a restraining order prevents you from having contact with the victim, sharing a residence with them, and the relief can even extend to communication and contact with children and other family members. You absolutely need to make sure you prepare a thorough defense at the Final Restraining Order Hearing since that is your only opportunity to turn the situation around. If you fail to successfully defend your restraining order case, the restraints become permanent. Retaining a skilled attorney is an absolute must in order to provide yourself with the best opportunity to avoid the consequences of a restraining order.
The Law Offices of Jonathan F. Marshall has a respected team of skilled criminal lawyers and former prosecutors. If you have been accused of domestic violent in Union Township, we have over 100 years of combined experience to put into action so that you have every opportunity to avoid entry of a temporary or final restraining order. You may contact our Union Office to speak to a domestic violence lawyer with decades of experience handling cases at the Union County Superior Court. Call us today at 908-272-1700 to schedule a free initial consultation with one of our attorneys.
Domestic Violence Resulting in a Restraining Order in Union Township New Jersey
Certain criminal acts, when committed against a person protected under the PDVA, are treated as domestic violence incidents. Protected persons include the following:
- Spouse and former spouse
- Domestic partners
- Children
- Parents
- A person with whom you have had a dating relationship
There are others who qualify for protection under the law, including a person with whom you have a child even if there was no cohabitation.
When someone qualifies for protection under the Domestic Violence Act, an act of domestic violence can result in entry of a Temporary Restraining Order. An act of domestic violence includes:
- Simple assault
- Harassment
- Terroristic threats
- Homicide
- False imprisonment
- Kidnapping
- Stalking
- Criminal trespass
- Consequences of accusations of domestic violence
An altercation can quickly escalate in an arrest when it involves someone who is protected under the Domestic Violence Act. Police must arrest you if the victim has signs of an injury caused by domestic violence. The law specifically states that police are to view any indication of bodily injury caused to the victim as probable cause to make an arrest.
Based upon the statements made by the victim and police a judge can issue a temporary restraining order to prevent additional harm until a trial on the complaint of domestic violence is heard. Temporary restraining orders usually prohibit contact between the accused and the victim. Violation of a temporary restraining order results in an arrest on a contempt charge. Conviction of criminal contempt is a fourth degree crime punished by up to 18 months in prison and fines up to $10,000.
Union Township Domestic Violence Attorney
A domestic violence attorney must have experience in defending proceedings in both the family court and the criminal court because of the nature of domestic violence cases. Because domestic violence cases and arrests can happen quickly with limited time to prepare, the Law Offices of Jonathan F. Marshall has skilled attorneys available to provide trusted advice and representation in Union Township and throughout Union County. Contact us at 908-272-1700 to speak to a lawyer on our team now.
