Facing a Criminal Charge, Restraining Order or Other Allegations of Domestic Violence Arising in Union City? A Talented Former Prosecutor At Our Firm Is Ready To Defend You.
The New Jersey Prevention of Domestic Violence Act (“Domestic Violence Act”) does not limit issuance of a restraining order to a spouse, boyfriend or girlfriend. The law affords relief to anyone who has lived in the same household, dated or shares a child in common. If you have been served with a temporary restraining order or criminal charge such as aggravated assault, simple assault, terroristic threat or harassment because of allegations of domestic violence in Union City New Jersey, you need to take these allegations extremely serious. You could not only be left with a criminal record and all of the collateral penalties and collateral consequences but also permanent displacement from the residence your share with the accuser.
We are the Law Offices of Jonathan F. Marshall, a team of veteran attorneys that possess credentials that are truly rare, including:
- Ten (10) lawyers whose practice is limited exclusively to the defense of individuals accused of domestic violence and other violations of New Jersey Law
- Former county prosecutors that have served in key role like Director of Major Crimes, Special Operations, Juvenile Unit and even the entire Trial Division
- Over 200 years of combined experience handling criminal and restraining order cases in Hudson County and Union City
- A long and rich history of securing dismissals
Our attorneys take the time to hear your side of the story and investigate the accusations made against you to identify and utilize evidence casting doubt on the prosecutor’s case. A restraining order and domestic violence criminal charges need to be aggressively fought in order to protect against a permanent bar from your returning to your home and, in some cases, loss of custody to your children. We invite you to call 201.309.0500 anytime 24/7 to speak an attorney on our staff in a free initial consultation.
Union City NJ Domestic Violence Criminal Charges and Restraining Orders
The Domestic Violence Act does not limit the protection against domestic violence to a spouse or family member. According to N.J.S.A. 2C:25-17 et seq., the protections apply to any victim of domestic violence who is at least 18 years of age and is a member of one of the following categories:
- Current or former spouse
- Present or former member of the household
- Someone with whom the accused had a dating relationship
- Someone with whom the accused had a child
The following criminal offenses committed against a person protected under the Prevention of Domestic Violence Act may be treated as a domestic violence incident:
- Simple assault
- Terroristic threats
- Aggravated assault
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal trespass
- Criminal sexual contact
When a criminal offense is treated as a domestic violence incident, there are actually two legal matters going on at the same time with the criminal offense being handled in Union City Municipal Court or in the Criminal Division of Hudson County Superior Court and a domestic violence restraining orders (i.e. final restraining order hearing) are handled in the Family Division of Hudson County Superior Court.
Penalties and Consequences of Hoboken NJ Domestic Violence Cases
The judge handling the domestic violence case in family court has the power to impose a $500 civil penalty and issue a permanent restraining order. The restraining order bars any contact with the victim, including resumption of the living arrangements that existed between the parties. Violating a restraining order leads to arrest and criminal charges for contempt, an indictable crime of the fourth degree that carries up to 18 months in prison and a fine of as much as $10,000.
The penalties and consequences imposed by family court are in addition to what happens to you in criminal court. A conviction on the underlying criminal offense could put you in the Hudson County Correctional Center or send you to state prison if the charge is an indictable offense such as aggravated assault, terroristic threat, burglary or another crime of the fourth degree, third degree, second degree or first degree. You could also be ordered to pay significant fines and be forced to participate in counseling sessions as a condition of your sentence
Union City NJ Domestic Violence Attorney
A domestic violence lawyer at the Law Offices of Jonathan F. Marshall makes certain that the evidence supporting your side of the story is presented to give you the best opportunity to avoid a conviction and a restraining order. Call us now at 201.309.0500 where one of our defense lawyers is available for a free initial consultation 24 hours a day and 365 days a year.