The Highly Skilled Lawyers At Our Law Firm Have Over 150 Years Of Combined Experience In Defending Temporary Restraining Order Hearings at the Family Division of the Atlantic County Superior Court in Atlantic City New Jersey
A common byproduct of domestic violence in Atlantic County is issuance of a temporary restraining order. Unlike a criminal charge for simple assault, harassment, terroristic threats or the like, a restraining order is a civil remedy that precludes contact by the defendant with the “victim”. While this is the case, a restraining order can have devastating consequences, especially when the restraints become permanent as a result of failure to successfully defend a final restraining order hearing at the Family Division of the Atlantic County Superior Court in Atlantic City. Hiring the most skilled defense lawyer you can find is therefore crucial to ensuring that you have the best opportunity of averting the negative ramifications of a restraining order.
The attorneys at our firm, the Law Offices of Jonathan F. Marshall, are former prosecutors with decades of experience defending domestic violence charges and restraining orders in Atlantic County. An Atlantic County restraining order defense attorney at our office is prepared to thoroughly defend you at your temporary restraining order hearing in Atlantic City. Whether the restraining order stemmed from an incident in Egg Harbor Township, Hamilton, Galloway, Buena Vista, Mullica or elsewhere, one of our lawyers has the know-how to secure a dismissal of the domestic violation complaint that was filed against you. Call (609) 616-0020 to speak to an attorney in a free consultation anytime 24/7.
What You Need To Know About An Atlantic County Restraining Order
A temporary restraining order may issue under the New Jersey Prevention of Domestic Violence Act if a judge finds they have been the victim of domestic violence. An individual must have been the spouse, former spouse, present or former household member, present or former boyfriend/girlfriend or have a child in common with the defendant in order to qualify for a restraining order. Assuming the individual qualifies in this manner, an act of domestic violence has occurred if they are the victim of one of the following offenses:
- Simple Assault
- Aggravated Assault
- Terroristic Threat
- Sexual Assault
- Criminal Sexual Contact
- Criminal Restraint
- Criminal Mischief
If a judge finds, based on the alleges of the accuser, that one of these offenses was committed against a qualifying victim, a temporary restraining order will issue. A restraining order bars any contact with the victim, including face to face, texting, emailing, facebook, twitter, telephone or even indirect communications through third parties.
The attorneys at the Law Offices of Jonathan F. Marshall defend clients against restraining orders issued in Atlantic County including in Atlantic City, Galloway, Mullica, Egg Harbor Township, Pleasantville, Hamilton, Mays Landing, Somers Point, Brigantine, Absecon, Hammonton, Ventnor, Northfield, Linwood, Margate, Buena, Buena Vista, Weymouth, Folsom, Estell Manor, Port Republic, Longport and Corbin City New Jersey.
You should also know that there are certain additional requirements that are triggered when someone is accused of domestic violence. The police must arrest the accused if: (1) the victim shows signs of injury from the defendant; (2) a police officer decides there is probable cause to arrest; (3) there is probable cause to believe that the defendant has violated an existing restraining order; (4) a weapon was used to commit domestic violence or (5) there is a warrant against the defendant. The defendant must remain in custody until his/her first appearance can be conducted before a judge of the Atlantic County Superior Court within 24-48 hours. Unfortunately, there is nothing that even the most accomplished Atlantic City restraining order lawyer can do to eliminate this process once an arrest warrant has been issued. They can, however, ensure that the accused is released from jail as quickly as possible.
Another ramification of issuance of a restraining order is seizure of all weapons owned and/or possessed by the defendant. The police are required to conduct a thorough search of the house, apartment and/or car of the defendant to seize any and all firearms or other weapons. The accused is strictly prohibited from possessing these items as long as a temporary or final restraining order is in place.
The opportunity for the defendant to challenge the allegations of the plaintiff is the final restraining order hearing. This proceeding takes place in Atlantic City before a family court judge of the Atlantic County Superior Court. The goal of the hearing is to determine whether an act of domestic violence occurred and, if so, whether a final restraining order is necessary to protect the victim against future acts of domestic violence. The parties must present there very best case at this proceeding as this is the only opportunity a litigant has to plead his/her case. At the conclusion of the final restraining order hearing, the judge must decide whether the are sufficient facts to conclude that a final restraining order should be issued or whether the restraints should be dismissed. Securing representation from a knowledgeable restraining order defense attorney as early as possible is imperative to maintaining the greatest opportunity for success in this hearing.
The last thing you need to know is the effect of violating a temporary or final restraining order. In this regard, a telephone call, text, email or any other attempt to make contact with the victim results in a contempt violation. Contempt of an existing court order is a fourth degree crime punishable by up to 18 months in prison and a fine of up to $10,000.
Atlantic City Restraining Order Lawyers
All restraining order hearings are conducted in Atlantic City because that is where the Family Division of the Atlantic County Superior Court is located. It obviously makes sense for anyone facing a final restraining order to retain an attorney who has considerable experience handling domestic violence charges in this court system. The Atlantic City restraining order lawyers at our firm possess the qualifications you need with decades practicing in Atlantic County. To speak to a lawyer with the knowledge and skill to help you successfully defend your restraining order, contact us at (609) 616-0020. Attorneys are available around the clock to take your call and initial consultations are free of charge.
Related Atlantic County Legal Resource Pages