Domestic Violence Attorney
An allegation of domestic violence can result in the filing of criminal charges, the filing of a petition for a domestic violence restraining order, or both. A domestic violence attorney can help prevent a conviction for a domestic violence that can carry severe consequences, including time in prison, and the issuance of a restraining order can result in limits on your freedom of movement and rights as a parent and property owner. If you are accused of domestic violence, you should speak with an attorney right away. An experienced lawyer will provide valuable guidance throughout your case while protecting your fundamental rights.
What Is Domestic Violence?
- Under NJSA 2C:25-19, the occurrence of one or more of the following criminal offenses upon a person protected under the Prevention of Domestic Violence Act:
- Homicide NJSA 2C:11-1
- Assault NJSA 2C:12-1
- Terroristic Threats NJSA 2C:12-3
- Kidnapping NJSA 2C:13-1
- Criminal Restraint NJSA 2C:13-2
- False Imprisonment NJSA 2C:13-3
- Sexual Assault NJSA 2C:14-2
- Criminal Sexual Contact NJSA 2C:14-3
- Lewdness NJSA 2C:14-4
- Criminal Mischief NJSA 2C:17-3
- Burglary NJSA 2C:18-2
- Criminal Trespass NJSA 2C:18-3
- Harassment NJSA 2C:33-4
- Stalking NJSA 2C:12-10
- Criminal Coercion NJSA 2C:13-5
- Robbery NJSA 2C:15-1
- Contempt of a domestic violence order NJSA 2C:29-9
- Any other crime involving risk of death or serious bodily injury to a person protected under the Prevention of Domestic Violence Act of 1991
Police Are Required To Arrest Suspect And Take Into Custody
The police will arrest, take into custody and sign a criminal complaint against the person being violent if:
- A person claims they were the victim of domestic violence by the suspect
- The officer has sufficient evidence to believe the violence occurred
- One of the following circumstances applies: victim shows signs of injury, arrest warrant exists, suspect has violated restraining order, or officer has sufficient cause to believe a weapon was used in committing the violence.
What Does A Temporary Restraining Order Do?
A Temporary Restraining Order or TRO for short, can be issued by a Judge at the request of the victim. The TRO may require you to leave your home, stay away from your spouse and children, stop calling, texting, Facebooking, your spouse or children, pay for the rent or mortgage in the home that your spouse and children are residing in even you are not allowed to live there, pay support to your spouse or children even though you can not see them.
A hearing will be scheduled by the court to determine if the TRO will become final, meaning a Final Restraining Order or FRO. It is normally scheduled within 10 days of the TRO and held at the Family Court.
Final Restraining Orders are very serious. They can affect your employment and they last forever unless the victim physically goes into court and tell the Judge that he/she no longer needs the TRO. YOU SHOULD HAVE AN ATTORNEY REPRESENTING YOU BEFORE THE FRO IS ISSUED.
Is PTI Available?
In order to enter into a PTI program, you need the prosecutor, case management office and judge to agree. In the majority of times, a prosecutor will refuse to consent to PTI. However, there are potential ways around this that an attorney can assist with. If PTI is approved, a guilty plea may be required based on your criminal charge. That guilty plea will be placed on hold pending completion of the program. If you do not complete the program, the guilty plea will be entered and you will have to come back to court to be sentenced. The requirement of a guilty plea is needed if charged with a third or fourth degree crime involving domestic violence or if charged with a disorderly persons or petty disorderly persons offense involving domestic violence while subject to a restraining order under the Prevention of Domestic Violence Act of 1991. Unfortunately, this is the law and cannot be waived.
Want To Talk To A New Jersey Domestic Violence Attorney?
Call us at 609-392-7600 to discuss your case. Make sure the lawyer you hire is experienced, like us, in handling this type of ticket. Otherwise, you will have a few surprises you were not warned of.
We handle domestic violence matters in Mercer County, Middlesex County, and Burlington County.
Mercer County: Hamilton, Trenton, Ewing, Lawrence, Pennington, East Windsor, West Windsor, Hopewell, Princeton Township, Princeton Borough, Hightstown, and Robbinsville.
Middlesex County: Plainsboro, Cranbury, East Brunswick, South Brunswick, and Sayreville.
Burlington County: Bordentown, Burlington City, Burlington Township, Moorestown, Mount Laurel, Willingboro, Mt. Holly, Florence, and Pemberton.Call our office at 609-392-7600 to discuss your case NOW.
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