If the court concludes that there is a reasonable basis to conclude that the allegations in a domestic violence are accurate, it will issue a temporary restraining order. The probability is that you or your loved one has seen this process unfold and is looking for legal guidance. What we can tell you is that this process just started and that you will soon have your opportunity to present your defense and side of the story. The proceeding where you will have this opportunity is called the final restraining order hearing. You probably already have the benefit of a court date. The attorneys here have extensive experience fighting temporary restraining orders and helping clients restore their lives. We are former prosecutors and a staff of defense lawyers that have been handling cases just like yours for decades. Call us anytime of day or not to reach an attorney for free consultation.
New Jersey Domestic Violence Complaints
The Prevention of Domestic Violence Act is designed to afford individuals protection from domestic abuse. In order for an individual to have standing under this Act, the victim must be a spouse, present or former household member, someone who shares a child in common, or someone who had a “dating” relationship with the defendant. Provided the plaintiff falls within one of these protected classes of individuals, he/she must demonstrate that they were the victim of one or more of the following offenses which constitute domestic violence:
- Aggravated Assault
- Simple Assault
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
Provided there is standing and probable cause to believe that one of the aforesaid forms of domestic violence has occurred, the court is supposed to issue emergency relief without any right to contest the allegations. The emergency relief is referred to as a temporary restraining order. The standard relief includes an order forbidding the defendant from engaging in any further acts of domestic violence, prohibiting him/her from entering the residence, property or place of employment of the victim, from returning to the scene of the domestic violence, from possess any firearm or weapon and seizure of any such items, and from having any direct or indirect communications with the victim.
Arrested For Domestic Violence In New Jersey
The law in New Jersey requires that the arrest of the accused if police respond to a scene and there is probable cause to believe that domestic violence has been committed. A criminal complaint should also be issued, with discretion to arrest (i.e. not mandatory) if there are signs of injury from domestic violence, there is a warrant in effect, there is probable cause to believe the defendant violated a restraining order, or there is probable cause to believe a weapon was used to commit an act of domestic violence.
New Jersey Restraining Order Defense Lawyers
A restraining order can turn someone’s life upside down overnight. It is not uncommon for someone to go from someone living an law abiding life to one facing a serious criminal charge and destruction of his/her life within a few hours. The good news is that whatever you are presently facing can be eliminated if you prepare a potent defense. You will have your opportunity to cross-examine the victim and present your own evidence, something that has been lacking thus far. With dynamic representation like that provided by the lawyers at the Law Offices of Jonathan F. Marshall, you will have the ability to paint a favorable picture and provide yourself with the best opportunity for escaping permanent restraints. Immediate assistance is a available now and the consultation is complimentary.