Contact Our Jersey City Office To Speak To One Of Our Highly Skilled Attorneys About Your Secaucus Restraining Order Case
New Jersey has some of the toughest laws pertaining to domestic violence. Police responding to a call for assistance related to a domestic violence incident must make an arrest if the person claiming to be the victim has any visible injuries or if their observations and evidence support the allegations made by the victim. This sets in motion a chain of events that includes restraining orders preventing the accused from having any contact with the victim and could prohibit the accused from continuing to live at home. If you have been arrested and charged in a domestic violence incident, you have the right to aggressively defend against the accusations, but doing so requires the services of a skilled and knowledgeable Secaucus domestic violence attorney.
A Hudson County domestic violence defense attorney from the Law Offices of Jonathan F. Marshall brings an extensive background in criminal and domestic violence defense in municipal and superior courts throughout Hudson County and other counties in New Jersey. Our defense team is composed of seasoned attorneys and former prosecutors with more than 200 years of combined experience. They have what it takes to aggressively defend you against domestic violence accusations in the Family Division of Hudson County Superior Court while also defending you against the underlying criminal charge in the criminal division of superior court or in the Secaucus Municipal Court. One of our outstanding attorneys is available to speak with you about your Secaucus domestic violence offense during a free consultation at any time of the day or not. Call us now at 201-309-0500.
Domestic Violence and Temporary Restraining Orders in Secaucus
NJ Domestic violence accusations frequently arise during child custody and divorce proceedings as one of the parties seeks to gain an unfair advantage. They can, however arise whenever there a relationship exists as defined under the New Jersey Prevention of Domestic Violence Act between you and your accuser. As long as the person making the allegations of domestic violence is at least 18 years of age, the statute permits judges to treat certain criminal offenses as domestic violence incidents when one of the following relationships between the parties exists:
- 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
The following criminal offenses committed against someone with whom you are related in one of the ways defined in the Prevention of Domestic Violence Act may result in a domestic violence offense:
- Simple assault
- Terroristic threats
- Aggravated assault
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal trespass
A domestic violence incident means your attorney must be capable of defending you in both family court and criminal court. Our Secaucus attorneys have the experience and knowledge to aggressively defend your rights in all courts.
It is essential for you to have experienced defense counsel in both the criminal court and family court. Focusing solely on the criminal offense is a mistake because violating the terms of a restraining order from the family court is a criminal offense that not only could put you in prison for up to 18 months and force you to pay a fine of as much as $10,000, but it is the equivalent of a felony and leaves you with a criminal record.
Penalties and Consequences of Secaucus NJ Domestic Violence Cases
Domestic violence cases subject you to penalties and other consequences from multiple courts. The criminal offense in superior court or municipal court results in a sentence that could include imprisonment and substantial fines. It also leaves you with a permanent criminal record. For example, a Hudson County aggravated assault offense is equivalent to a felony, so a conviction gives you a criminal record as a violent felony offender.
The family court proceeding includes up to $500 as a civil penalty, but the consequences of Hudson County restraining orders could bar you from your home and restrict access to your children depending of the facts and circumstances of the domestic violence incident. If you violate a restraining order, you could be imprisoned for up to 18 months and ordered to pay a fine up to $10,000 because it is a criminal offense.
Aggressive and innovative defense strategies designed to help you avoid the consequences of a restraining order and a criminal conviction are essential in domestic violence cases. Our attorneys carefully review the facts of your case to identify possible defenses to use on your behalf, including challenging the relationship between you and your accuser to avoid a domestic violence designation.
Secaucus NJ Domestic Violence Attorney
The skilled domestic violence defense attorneys at the Law Offices of Jonathan F. Marshall are committed to developing a defense strategy offering you the best chance to avoid the penalties and consequences of a domestic violence accusation. Call us now at 201-309-0500 where an attorney is available 24/7 to speak with you during a free and confidential initial consultation.