Contact Our Talented Former Prosecutors For A Free Consultation To Discuss Your Domestic Violence Criminal Charge Or Restraining Order In North Bergen New Jersey
Being accused of a domestic violence in New Jersey has far-reaching consequences. Penalties imposed by criminal court judges may include imprisonment and substantial fines and, even worse, this is not the end of the line for someone involved in a North Bergen domestic violence case. A defendant usually also faces the consequences of a restraining order, including a bar to contact with the alleged victim, removal from a shared residence and even limit visitation with children. You need a domestic violence attorney with experience defending the rights of individuals in both the family court and criminal court proceedings if you were charged with a criminal offense or served with a restraining order in this context.
The lawyers at the Law Offices of Jonathan F. Marshall, have more than 200 years of combined experience defending the rights of individuals against domestic violence accusations in the Family Part of Hudson County Superior Court as well as in all criminal courts throughout the state. Their extensive knowledge of domestic violence laws and trial experience make them formidable adversaries fighting to ensure fair treatment and justice for the individuals they represent. If you have been charged with a domestic violence offense, call our Jersey City Office now at (201) 309-0500 to learn about the options available to you from one of our former prosecutors. An attorney is available for a free initial consultation 24 hours a day and seven days a week.
Domestic Violence and Temporary Restraining Orders in North Bergen NJ
The Prevention of Domestic Violence Act designates a number of criminal offenses as domestic violence when committed against a member of your household, including your spouse. The protected categories also include someone you are dating or someone with whom you had a child. The relationship need not be a current one as the law specifically includes former relationships within its definition of individuals entitled to protection.
N.J.S.A. 2C:25-19 allows several criminal offenses to be designated as domestic violence incidents when committed against an individual protected under the Prevention of Domestic Violence Act. Criminal offenses include the following:
- Simple assault
- Aggravated assault
- Terroristic threats
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Criminal trespass
- Any other conduct of aggression against someone who qualifies for relief under the Act
The law gives judges broad discretion to issue temporary restraining orders in domestic violence cases, including granting requests before an individual accused of domestic violence is given an opportunity to be heard. If a judge issues a restraining order barring you from having contact with your accuser, a highly skilled domestic violence attorney at our firm takes steps to enforce your right to a hearing before the order is permanent/final. We use our knowledge of the legal processes in criminal and family courts to ensure the protection of your rights. Our advocacy is put to use to challenge false allegations and prevent the inclusion of excessively restrictive provisions in restraining orders.
Penalties and Consequences In A North Bergen Domestic Violence Case
Domestic violence cases typically involve significant stakes in both Family Court and Criminal Court. A defendant faces a final restraining order hearing at the Family Division of the Hudson County Superior Court and also criminal proceedings at either the Criminal Division (i.e. indictable crime of the first, second, third or fourth degree) or North Bergen Municipal Court (i.e. where the charge involves a disorderly persons offense).
A conviction in criminal court for aggravated assault, terroristic threats, harassment or another violation can result in incarceration of at least 6 months and thousands in fines. The family court also has the power to grant a permanent restraining order that not only limits contact with the victim, but it may also include limitations on access to your children. A restraining order also precludes ownership or possession of a firearm.
Restraining Order Violations (i.e. Criminal Contempt). Violating a temporary or permanent restraining order is a felony punishable by up to 18 months in prison and a fine of as much as $10,000. A conviction becomes a permanent criminal record that could hinder your ability to obtain employment in the future.
North Bergen Restraining Order Defense Lawyer
Defending against criminal charges for domestic violence or a temporary restraining order requires skillful representation by a gifted domestic violence attorney such as those at the Law Offices of Jonathan F. Marshall. Don’t risk a permanent restraining order or debilitating criminal record by selecting lawyers who are unproven in defending domestic violence cases. Call us now at (201) 309-0500 to put one of our accomplished attorneys to work for you.