A Former Prosecutor On Our Highly Skilled Domestic Violence & Restraining Order Defense Team Is Ready To Discuss Your Bayonne Charge
New Jersey has adopted laws that are designed to halt incidents of domestic violence in Bayonne and every other community in the state. This protection isn’t limited to family members and extends to all individuals who have shared a household or been in a dating relationship (or more). While this is the case, someone needs to establish far more than bald allegations in order to secure a final restraining order or to secure a conviction for a domestic violence criminal offense like aggravated assault, terroristic threats, simple assault or harassment. Representation by an accomplished criminal defense lawyer can go a long way in derailing efforts by an alleged victim.
The lawyers at our firm, the Law Offices of Jonathan F. Marshall, have extensive experience defending domestic violence charges in Hudson County, including in municipalities like the City of Bayonne. Our qualifications are unique such as:
- Over 200 years in practice combined
- A team of ten (10) lawyers that specialize solely in criminal defense
- Former county prosecutors that have gained invaluable insight serving in key positions like Director of Major Crimes, Special Operations, Juvenile Division and the entire Trial Division
- Certified criminal trial attorneys
Our seasoned litigators have the skills and knowledge to gather and present the evidence needed to secure a dismissal of your charge or restraining order. To learn more about how we can help you, contact our Jersey City Office at 201-309-0500.
Domestic Violence and Temporary Restraining Orders in Bayonne New Jersey
The New Jersey Prevention of Domestic Violence Act (“the Act”) controls who can secure a restraining order in Hudson County, including in Bayonne. The following classes of people are protected under N.J.S.A. 2C:27-19d of the Act:
- Current or former spouse
- Current or former member of the same household
- Someone with whom you had a child
- Someone you dated even if the relationship has ended
When a qualifying individual is a victim of certain criminal offenses set forth in the Act, they are eligible to secure a temporary restraining order. The following charges constitute an act of domestic violence:
- Simple assault
- Terroristic threats
- Aggravated assault
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal trespass
- Criminal sexual contact
All of these criminal offenses can also provide the basis for a criminal charge. Disorderly persons offenses like harassment and simple assault are handled in Bayonne Municipal Court. Indictable crimes of the first degree, second degree, third degree or fourth degree, including aggravated assault and terroristic threats, can only be heard in the Criminal Division of the Hudson County Superior Court.
Every complaint for domestic violence includes a return date for a final restraining order hearing where the defendant has an opportunity to contest the allegations of domestic violence. The plaintiff must establish by a preponderance of the evidence that: (1) an act of domestic violence occurred; and (2) that a final restraining order is necessary to protect the victim from further acts of domestic violence. A final restraining order prevents the accused from continuing to live with or have any contact with the accuser. It can also result in limitations on visitation and custody of children. take custody of your children away from you and restrict the contact you have with them. Given the breadth of the potential ramifications of losing a restraining order hearing, it is abundantly important for the defendant to be represented is early as possible by a skilled Hudson County restraining order attorney.
Violating a temporary or permanent restraining order results in a NJ criminal contempt offense. Criminal contempt is a fourth degree crime that can send you to prison for up to 18 months and result in a fine of as much as $10,000. You should also know that contempt is a felony that results in a criminal record.
Bayonne NJ Domestic Violence Attorney
If you have been accused of domestic violence in Bayonne, get advice and outstanding representation from the attorneys at the Law Offices of Jonathan F. Marshall. We are committed to providing an innovative and aggressive defense capable of challenging the prosecution version of the events that led to your arrest. Call us now at 201-309-0500 to speak to an Bayonne criminal attorney about any aspect of your restraining order or domestic violence charges. Lawyers are available 24/7 to assist you and initial consultations are free.