Highly Accomplished Domestic Violence Lawyers in Mount Holly
Whether you have been charged with a criminal offense such as simple assault, aggravated assault, harassment or terrorist threat, served with a temporary restraining order, or are facing both, New Jersey domestic violence charges can have severe consequences. Failure to successfully defend charges will leave you with a record that will follow you around for decades to come. Failure to obtain a dismissal of the restraining order will also have dire consequences because it will prevent you from ever communicating or residing with the individual who filed the Domestic Violence Complaint. Hiring the right Burlington County criminal defense lawyer is crucial to your protecting your future given the ramifications of a criminal conviction or a final restraining order.
Our firm, the Law Offices of Jonathan F. Marshall, possesses a team of talented criminal attorneys with a long track record of success in representing clients arrested for domestic violence in Evesham, Pemberton, Medford, Delran, Florence and elsewhere in Burlington County. The unique qualifications held by our staff include:
- Over 200 years of combined experience handling domestic violence criminal offenses and restraining orders
- Ten lawyers whose practice is dedicated to the defense and nothing else
- Former county and municipal prosecutors that have served as Director of the Major Crimes Bureau, Special Operations, Domestic Violence Unit, Guns Task Force and even an entire Trial Division
- Certified criminal trial attorneys
- Countless trials resulting in dismissals
If you would like the opportunity to speak to an attorney on our team immediately, call our Mount Holly Office at 609-491-2110. Lawyers are available 24/7 to help you and initial consultations are always free.
Domestic Violence Charges in Burlington County New Jersey
The phrase “domestic violence” is a term of art under New Jersey Law. It refers to one of fourteen (14) offenses committed against a victim who is covered by the Prevention of Domestic Violence Act (“PDVA”). An individual qualifies in this manner if they are subjected to an act of domestic violence by: (1) a spouse or former spouse (e.g. you are divorced); (2) present or former boyfriend/girlfriend; (3) present or former household member; (4) someone with whom they have a child in common; or (5) someone they dated. A person falling under any one of these categories is eligible to apply for a temporary restraining order if they are the victim of one or more of the following offenses:
- Simple or Aggravated Assault
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
If a judge finds, based on the evidence submitted solely by the victim and the police, that there is a reasonable basis to believe domestic violence has occurred, a temporary restraining order shall be entered. A proceeding in which the defendant gets to submit his/her side of the story, which is referred to as a final restraining order hearing, is to be conducted within two weeks thereafter. The defendant is precluded from having any contact with the victim until this hearing is completed. If the defendant is unsuccessful in securing a dismissal of the restraining order at the hearing, the restraints become permanent thereby preventing any contact with the victim in the future. Entry of a final restraining order also creates other restrictions, including a bar to possessing a firearm. These consequences apply in addition to other penalties that may be imposed by a criminal court.
Domestic Violence Criminal Offense
In most cases, an incident of domestic violence will result in both a restraining order and a criminal charge (divorce too in some cases). The obvious distinction is that one proceeding is civil in nature and the other involves criminal penalties. The most common offenses that arise in this context are simple assault, harassment terroristic threats and aggravated assault. It is important to keep in mind that separate courts and proceedings arise when this is the case. The criminal charge is litigated in municipal court if it a disorderly persons offense whereas a crime of the fourth degree, third degree or second degree is heard at the Burlington County Superior Court in Mount Holly. If you were charged with domestic assault in Burlington County or another criminal violation in this setting, you need top flight representation to escape a record and serious penalties. The attorneys at our firm defend individuals arrested for domestic violence criminal charges in Mount Laurel, Bordentown, Cinnaminson, Maple Shade, Riverside and elsewhere in the county. We will help you avoid a conviction and, if absolutely necessary, secure admission into diversion programs like Pretrial Intervention or Conditional Dismissal.
Violation of a Restraining Order Results in a Charge for Criminal Contempt
While a restraining order is a civil remedy that is available in Family Court, failure to comply with the restraints by making contact with a victim results in criminal charge for violation of N.J.S.A. 2C:29-9. If the conduct resulting in the violation rises to the level of at least a disorderly persons offense (e.g. harassment, criminal mischief, simple assault, etc.) then criminal contempt is a fourth degree crime that results in penalties of up to 18 months in prison and a $10,000 fine. You should also know that a conviction for a second offense for criminal contempt for violating a restraining order carries a mandatory jail term of at least thirty (30) days.
Contact Our Mt. Holly Office To Speak To A Skilled Domestic Violence Lawyer
The aftermath of a domestic violence arrest can be filled with turmoil. You probably were displaced from your residence, perhaps you have been prevented from speaking to your children too, and are also coming with grips that you may never have a relationship with the “victim” ever again. These are all extremely stressful thoughts but worrying about whether you will have outstanding representation when you walk into court shouldn’t be another point of angst. This is why you should strongly consider reaching out to the Law Offices of Jonathan F. Marshall for a free consultation with one of our attorneys. A member of our team will be more than happy to provide their insight. An attorney is available immediately at 609-491-2110 to discuss an upcoming detention hearing in Mount Holly, your final restraining order hearing or any other aspect of your domestic violence case.