Hillsborough NJ Restraining Order Attorney
Whenever someone alleges an incident of domestic violence in this state, they are given the opportunity to apply for a temporary restraining order in accordance with N.J.S.A. 2C:25-23. If this application for emergency relief is granted by a judge, the alleged aggressor is served with a temporary restraining order barring them from any contact with the plaintiff or any locations or residence that they occupied. The defendant is, however, given an opportunity to contest the allegations made by the plaintiff and contained in the domestic violence complaint at a final restraining order hearing to be conducted within ten (10) days. In the interim, there can be no contact between the parties or the defendant risks issuance of a separate criminal charge for violating a restraining order.
If you were served with a temporary restraining order by a Superior Court or municipal court judge like the one presiding in Montgomery, Franklin, Bound Brook, Bridgewater, or Readington, you absolutely need to hire an attorney immediately. You only have a limited amount of time to prepare your defense and failure to do so will jeopardize your chances of avoiding a final restraining order, that is, the restraints becoming permanent. If you lose this hearing you will be forever barred from any contact with the plaintiff, returning to the residence (i.e. house or apartment), and be subject to other limitations intended to prevent your ability to commit domestic violence. Given the life altering consequences of this hearing, it is exceptionally foolish to attempt to defend a restraining order on your own. The attorneys at The Law Offices of Jonathan F. Marshall can assist you with skilled representation in this regard. Our team of defense attorneys is one of the largest in the state, includes several former prosecutors who have seen how the law and police work first hand, and a team with over one hundred years of experience combined. We have successfully defended hundreds of restraining orders and are prepared to mount an effective defense in your case. To discuss your restraining order with an experienced defense lawyer, call our Bridgewater Office at 908-722-1011.
Arrested For Domestic Violence
In order for the court to enter a temporary restraining order, there must be testimony or evidence presented by the plaintiff to establish domestic violence. Under New Jersey law, this occurs when the defendant commits any of the following offenses:
- Simple Assault
- Aggravated Assault
- Terroristic threats
- Criminal Mischief
- Sexual Assault
- False Imprisonment
- Criminal Sexual Contact
Each offense listed is a criminal violation of varying degrees that can result in your arrest and totally separate proceedings from the restraining order which is civil in nature. A conviction for one of these charges carries penalties and other ramifications, including a record for committing a criminal offense. Escaping a criminal record is therefore another important reason why you need to retain an attorney if you were arrested in Bernards, North Plainfield, Hillsborough, Raritan, or Warren based on a complaint alleging domestic assault or another criminal act.
Somerset County & Hunterdon County Restraining Order Attorneys
All restraining order hearings are conducted at the Family Division of the Superior Court. This means that your restraining order hearing will be held in Flemington if it was signed in Hunterdon County and in Somerville if it was executed in Somerset County. Our attorneys are familiar with the courts in both of these jurisdictions, having appeared in each on many occasions. If you would like to discuss a restraining order or criminal charge with a lawyer our staff, contact our Bridgewater NJ Defense Office at 908-722-1011 for immediate assistance.