Domestic violence is a problem that spans all income levels and so a municipality like Westfield New Jersey even has incidents where a retraining order is issued. Domestic violence charges are particularly complex because they involve criminal conduct in situations that are highly charged with emotion. Accordingly, if you have been charged by the Westfield Police with a domestic violence offense like simple assault, aggravated assault, harassment or terroristic threat, you need a qualified domestic violence attorney with the knowledge and sensitivity to address all the complexities of a particular case. The Law Offices of Jonathan F. Marshall have that kind of experience because their attorneys have handled hundreds of domestic violence matters over their 100 plus years of combined practice. You can trust that a lawyer at our firm will give you aggressive representation, while understanding the emotional background of what you are going through. Let one of the lawyers lawyer you immediately in this difficult time by calling 908-272-1700. The first consultation is free.
Domestic Violence Offense in Westfield
New Jersey’s Prevention of Domestic Violence Act of 1991 (“the Act”) is intended to deter domestic violence in Westfield and the rest of the state. The Act protects current or ex spouses, boyfriend and girlfriends, people who have lived together, those who share children and individuals who have dated. In accordance with Domestic violence N.J.S.A. 2C:25-19 of the Act, domestic violence occurs if an individual protected is the victim of:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
- Any other crime involving risk of death or serious bodily injury
Penalties for a Westfield domestic violence offense depend on the particular criminal offense involved. Often times, however, there are sentencing enhancements when the crime is related to domestic violence. In addition, the victim has the right to immediately apply for an order of protection referred to as a temporary restraining order (“TRO”). This order temporarily bars the accused from making any contact with the victim. This results in displacement from any residence shared or even communication. Failure to abide by the restraints results in the defendant being charged with contempt.
In order to obtain a permanent restraining order, a court will hold a hearing during which the parties can present their sides of the case. If you are accused of domestic violence in Westfield and have a TRO against you, the final restraining order hearing is an opportunity for you to argue your side of the story, and present evidence and/or witnesses on your behalf in order to remove the TRO.
You should note that a violation of a restraining order will result in further criminal charges. A second violation means mandatory jail time. Be sure to have a qualified domestic violence attorney with you to help you handle all of your legal issues, including the collateral problems that may arise in connection with restraining orders.
Westfield Domestic Violence Lawyers
Domestic violence cases are fraught with emotions that amplify the stress and uncertainty of a criminal domestic violence case against you. The Westfield criminal lawyers at the Law Offices of Jonathan F. Marshall know about domestic violence cases, having handled them for years. Allow our attorneys to use their know-how in defending restraining orders and domestic violence cases in Union County so you resolve your case in the best possible. An attorney is ready 24/7 at 908-272-1700 to provide a free consultation. Contact us for the guidance from a skilled lawyer you need.
