BAYONNE NJ DOMESTIC VIOLENCE DEFENSE LAWYERS(0) Comment |
Last Updated on: 3rd June 2023, 09:19 pm
Experience Top-Notch Domestic Violence & Restraining Order Defense in Bayonne, NJ
Domestic violence is an incredibly serious and emotionally charged issue that affects countless people throughout the state of New Jersey. In response to this widespread problem, the state has established various laws designed to put an end to these horrible incidents and provide essential protection for family members, household sharers, and even those engaged in dating relationships. However, it’s important to note that simply making allegations is far from sufficient when it comes to obtaining a final restraining order or securing a conviction for criminal offenses related to domestic violence, such as terroristic threats, aggravated assault, harassment, or simple assault.
The Law Offices of Jonathan F. Marshall: A Highly Skilled and Dedicated Defense Team
At The Law Offices of Jonathan F. Marshall, we boast an impressive and extensive track record defending clients against domestic violence charges in Hudson County, including Bayonne. Our team is comprised of ten exceptionally dedicated lawyers who specialize solely in criminal defense, with over 200 years of combined practice experience. As former county prosecutors, we have in-depth knowledge and crucial insights gained from key positions such as Special Operations, Director of Major Crimes, Juvenile Division, and the entire Trial Division.
Our talented and committed litigators possess the skills, knowledge, and expertise required to gather and present the most compelling evidence needed to secure the dismissal of your charge or restraining order. Nothing is more important to us than protecting your rights and your reputation, and as such, we are always available to discuss your case with you.
Who Can Obtain a Restraining Order in Bayonne?
N.J.S.A 2C:27-19d of the Act outlines who can obtain a restraining order in Hudson County, including Bayonne, under the New Jersey Prevention of Domestic Violence Act (“the Act”). According to the Act, the following individuals are protected:
– Current or former spouse
– Current or former household member
– Someone with whom you have a child
– Someone you have dated, even if the relationship has ended
Qualifying individuals who become victims of specific criminal offenses outlined within the Act are authorized to obtain temporary restraining orders. These offenses include simple assault, homicide, terroristic threats, aggravated assault, criminal restraint, false imprisonment, sexual assault, criminal trespass, kidnapping, stalking, burglary, and harassment. All of these offenses can also serve as the basis for separate criminal charges.
Disorderly persons offences like harassment and simple assault are heard in Bayonne Municipal Court, while more serious indictable crimes of the first, second, third, or fourth degree, such as aggravated assault and terroristic threats, only proceed in the criminal Division of Hudson County Superior Court.
Final Restraining Order Hearing
Every complaint filed for domestic violence contains a return date for a final restraining order hearing, in which the accused is granted the opportunity to contest the allegations made regarding domestic violence. At this hearing, the plaintiff must establish, by a preponderance of evidence, that (1) an act of domestic violence occurred, and (2) a final restraining order is required to prevent further incidents of domestic violence.
If a final restraining order is granted, the accused may face severe restrictions, including being barred from living with or contacting the accuser, which can result in limited visitation and custody of children or even the complete loss of custody rights. The consequences of losing a restraining order hearing can be incredibly severe, which is why securing highly qualified Hudson County restraining order attorneys is of utmost importance.
Violating a Permanent or Temporary Restraining Order
Violating a permanent or temporary restraining order constitutes a criminal contempt offense in New Jersey, which could result in imprisonment for up to 18 months and a maximum fine of $10,000. It is crucial to remember that contempt is a felony and can result in a permanent criminal record.
Contact an Experienced Bayonne, NJ Domestic Violence Attorney Today
If you have been charged with domestic violence, don’t hesitate to seek the guidance of our skilled lawyers at The Law Offices of Jonathan F. Marshall. We provide top-tier representation aimed at challenging the prosecution’s version of events and protecting your rights and reputation through this difficult and distressing period.
Contact us now at 201-309-0500 to speak with one of our experienced Bayonne criminal attorneys about any aspect related to your case, including, but not limited to:
– Your charge
– Your temporary or restraining order
Our lawyers are accessible 24/7 and eager to assist you, and initial consultations are always free. Don’t wait another moment get the representation you need and deserve today.