The Attorneys At Our Firm Include Highly Skilled Former Prosecutors To Defend Your Restraining Order or Domestic Violence Criminal Charge
One of the busiest municipalities in Hudson County for harassment, simple assault, terroristic threats, aggravated assault and other domestic violence criminal charges is Hoboken New Jersey. If you were arrested for this type of offense or issued a restraining order, investing the time to find an accomplished Hudson County domestic violence lawyer is worth your effort.
Chapter 25 of the New Jersey Criminal Code is directed at assaults and other abusive behavior toward someone who qualifies as a victim under the Prevention of Domestic Violence Act. This provision provides for issuance of criminal charges in a town like the City of Hoboken, as well as entry of temporary restraining order or even a final restraining order to combat domestic violence.
If you were accused of domestic violence by a victim or the Hoboken Police, you need help from an attorney who has experience in this area of law. The lawyers in the Hoboken Office of our firm are fully capable of providing a comprehensive defense so that you avert a criminal record and the impact of a domestic violence restraining order.
The Law Offices of Jonathan F. Marshall is a firm of (10) criminal defense lawyers, most of whom are former prosecutors with at least fifteen (15) years of experience, that has been defending clients accused of domestic violence for decades in Hudson County. Call us in Hoboken at 201-932-2288.
Defending a Restraining Order Issued In Hoboken New Jersey
When there is a police call or a complaint filed outside normal court hours and it involves allegations of domestic violence, the alleged victim is typically given the opportunity to seek issuance of a temporary restraining order. This relief is based on the victim’s allegations only, as well as any facts uncovered by the police, and generally has nothing to do what the accused has to say about what really happened. If the victim has standing under the Domestic Violence Act and the incident is called into the Hoboken Municipal Court judge, a temporary restraining order may be issued. This order temporarily bars contact with the victim, a return to any shared residence and ownership or possession of any firearms or other weapons.
A final restraining order hearing typically occurs within two (2) weeks of issuance of the temporary. This proceeding is conducted at the Hudson County Superior Court and is to decide whether the restraining order should be put into place permanently. This is the forum where the defendant has his/her opportunity to tell their side of the story and produce any and all evidence that refutes the allegations made by the victim. This is the only time that the accused gets to contest the restraining order so it is exceptionally important that they have representation from a skilled attorney.
Domestic Violence Criminal Charge in Hoboken
In order to secure a restraining order, the accuser must be the victim of domestic violence. Domestic violence takes place when one of the following criminal acts have been committed:
- Simple Assault
- Aggravated Assault
- Terroristic Threat
- Criminal Mischief
- Criminal Sexual Contact
- Sexual Assault
- Any other act set forth under N.J.S.A. 2C:25-19a.
When a criminal offense involving domestic violence is alleged, the court that hears the case hinges on whether the charge is indictable or a disorderly persons offense. Disorderly persons offenses like simple assault, harassment and criminal mischief are heard in Hoboken Municipal Court. Indictable criminal charges are those that involve a crime of the first, second, third or fourth degree like terroristic threats, stalking or aggravated assault. Felony charges such as these may only be heard at the County Courthouse on Newark Avenue in Jersey City.
Hoboken NJ Domestic Violence Defense Lawyer
There are few experiences that can be as life altering as a restraining order. The situation is even more complicated when a separate criminal charge for domestic violence has been filed in Hoboken or another local jurisdiction in Hudson County. If you are facing either dilemma, hiring the right lawyer to defend your case is imperative. The accomplished Hoboken domestic violence defense attorneys at our firm are here to aid you in this capacity. The lawyers on staff have decades practicing in Hoboken and are ready to fight so that an acquittal is secured on your behalf. Call201-932-2288 to speak to an attorney at our Hoboken Firm immediately.