Criminal & Restraining Order Defense Attorney in Kearny New Jersey
There are serious consequences when someone is charged with a domestic violence offense or restraining order in Kearny New Jersey. The norm is to face attack on two separate fronts. Not only do you face penalties in the criminal court for the commission of an act of domestic violence but also a companion complaint in the Family Division of Hudson County Superior Court to determine whether the restraints should be permanent and final. There is an absolute need for the assistance of a skilled attorney given the extremely high stakes presented in a Kearny domestic violence case.
Our team of attorneys has qualifications that can given you the comfort needed to assure you that you have every opportunity for a dismissal of your charges. In particular, we can offer you:
- 200 plus years of experience representing clients in domestic violence cases
- 10 lawyers that practice exclusively in the area of criminal defense
- Former county and municipal prosecutors that have honed their skills and relationships throughout the court system for decades
- Certified criminal trial attorneys on staff
- An office conveniently located in Jersey City directly across from the Hudson County Superior Court where your restraining order shall be heard
Contact our Jersey City Office now at (201) 309-0500 for a free initial consultation with an attorney with the knowledgeable needed to help you avoid a final restraining order and criminal conviction. Lawyers are available at all times of the day and night to speak with you.
Domestic Violence Criminal Charges & Restraining Orders in Kearny New Jersey
The Prevention of Domestic Violence Act specifies that certain criminal offenses committed against anyone 18 years of age or older who is in one of the following categories regarding their relationship with the accused may have their case treated as a domestic violence incident:
Current or former spouse
Present or former member of the household
A current or former dating relationship
Someone with whom the accused had or is expecting a child Some of the criminal acts designated as domestic violence offenses in N.J.S.A. 2C:25-19 include the following:
- Simple assault
- Aggravated assault
- Terroristic threats
- Criminal restraint
- False imprisonment
- Criminal mischief
- Sexual assault
- Criminal sexual contact
- Criminal trespass
Police and prosecutors throughout New Jersey devote substantial resources to investigate and prosecute domestic violence offenses, but our attorneys understand how false accusations may arise during acrimonious divorce or child custody cases as one party seeks to gain an unfair advantage through domestic violence allegations. A lawyer dedicated to protecting you against false allegations and challenging the prosecution evidence and witnesses gives you the best opportunity avoiding a conviction.
Penalties and Consequences in a Kearny Domestic Violence Case
Domestic violence offenses put you at risk of penalties and consequences in two courts. Depending upon the criminal offense, you could be sentenced to confinement in the Hudson County Correctional Center for up to six months for a disorderly persons offense or for a longer period of confinement in a New Jersey prison if the criminal charge is for a crime of the fourth, third or second degree. You could also be ordered to pay substantial fines. The conviction becomes part of your permanent criminal record as a violent offender with either a misdemeanor or felony conviction.
In addition, a domestic violence complaint can result in issuance of a temporary restraining order. If you fail to overcome this relief at a final restraining order hearing at the Hudson County Superior Court, Family Division, you will be permanently prevented from communicating or residing with your accuser. You could even have you visitation with your children limited or eliminated.
Violating the terms of a restraining order has serious consequences. As a general rule, an allegation that you violated a restraining order requires that the Kearny Police or another law enforcement agency arrest you. A NJ restraining order violation, also referred to as criminal contempt, is a fourth degree crime that is punishable by up to 18 months in prison and a fine of as much as $10,000. It is classified as an indictable offense, so you would have a criminal record as a convicted felony offender.
Kearny NJ Domestic Violence Attorney
If you were arrested for a domestic violence criminal offense or served with a temporary restraining order, a lawyer from the Law Offices of Jonathan F. Marshall is ready to mount a thorough defense and invest the time needed to avoid a conviction and final restraining order. Call us now at (201) 309-0500 to put one of our attorneys to work for you. We understand how upsetting accusations of domestic violence can be, so we have a member of our defense team available to answer your questions and address your concerns during a free initial consultation at any time of the day or night.