New Jersey Domestic Violence Lawyers
Experienced Criminal Defense on Your Side
Are you facing domestic violence charges in New Jersey? It is important that you seek a domestic violence defense attorney quickly. What starts out as a minor family argument can quickly escalate into something far more serious. Disagreements can sometimes get out of control, especially when tensions are high, sometimes leading to arrests, forfeiture, and the imposition of a restraining order. Within a couple of days of the arrest, you may find yourself before a family court judge for a determination of whether a final restraining order should be imposed.
At Roberts & Teeter, we highly recommend seeking counsel with a skilled domestic violence lawyer in New Jersey as soon as possible if you are charged. The consequences of domestic violence charges can be life-altering and could seriously impact your personal life, professional career, and freedom. Our attorneys have handled hundreds of domestic violence cases, so you can be confident in our abilities and our commitment to your case.
If you have been accused of domestic violence in New Jersey, take the first step towards protecting your future by scheduling a case evaluation with a domestic violence lawyer today.
New Jersey Domestic Violence Laws
The laws prohibiting domestic violence are found in Chapter 25 of the New Jersey Criminal Code. They provide which criminal acts or offenses give rise to domestic violence (see 2C:25-19), the procedure for arrest and forfeiture of weapons (see 2C:25-21), the procedure for an emergent hearing in family court (see 2C:25-28), the imposition of final restraining orders, and the laws regarding contempt for violating an existing restraining order (see 2C:25-30 through 2C:25-31).
Domestic Violence Crimes in New Jersey
In the state of New Jersey, domestic violence is considered any physical, emotional, sexual, or financial abuse of a family member. The threat of any of these abuses can also be classified and charged as domestic violence in New Jersey. The victim could be the abuser’s spouse, ex-spouse, romantic partner, or household member, and must be over the age of 18 years old. Even though a criminal act can be categorized as domestic violence, these charges usually accompany the underlying crime.
Examples of these may include:
Domestic Violence Penalties in New Jersey
Domestic violence charges are usually handled with speed and efficiency, which can make it exceedingly difficult for the accused to get his or her bearings. The laws regarding domestic violence are complex, which is why it is of the utmost importance to have the support of an experienced, skilled domestic violence defense attorney.
The consequences for domestic violence will vary based on each case, but may include:
- Having a temporary or final restraining order filed against you
- Seizure of weapons - if weapons are believed to have been a factor in the domestic violence claim, they may be taken for investigation purposes
- Misdemeanor or felony charges, depending on the case, prior convictions, accompanying crimes, etc.
Domestic Violence Restraining Orders in New Jersey
Getting arrested for a domestic violence offense can also lead to being subject to a restraining order. So, on top of facing criminal charges for domestic violence, a restraining order can prevent you making contact with loved ones, forbid you from possessing any firearms, and possibly lost custody of your children.
In New Jersey, there are two types of domestic violence restraining orders: temporary and final restraining orders.
Temporary Restraining Order (TRO): A temporary restraining order is issued by a judge when a victim of domestic violence files a complaint in court or with the police. A TRO typically lasts until a final hearing can be held, which is usually within 10 days.
Final Restraining Order (FRO): A final restraining order is issued after a hearing is held to determine whether the alleged domestic violence occurred and whether a restraining order is necessary to protect the victim. If the judge determines that domestic violence occurred and that a restraining order is necessary, a final restraining order will be issued. This order is more permanent than a TRO and can last for an indefinite period of time.
It is important to note that a final restraining order can only be issued after a hearing has been held, and both the victim and the alleged abuser will have the opportunity to present evidence and arguments to the court. Additionally, violating a restraining order in New Jersey can result in contempt charges.
Call for a Free Consultation
At our firm, we work relentlessly to defend our clients against any and all criminal charges, including domestic violence charges. Backed by years of experience, our skilled domestic violence defense attorneys in New Jersey are highly effective in this area of law. You can rely on us to provide you with the strong legal representation you deserve. We are also dedicated to providing personal representation and always strive to communicate openly with our clients.
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