New Jersey Domestic Violence Attorney

Skilled Representation by Domestic Violence Lawyers in New Jersey 

Are you facing domestic violence charges in New Jersey? It is important that you seek a domestic violence defense attorney quickly. What starts as a minor family argument can quickly escalate into something 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. Call now - (732) 607-5553

Understanding New Jersey's Domestic Violence Laws with Local Attorneys

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).

Examples of 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:

• Homicide
• Assault
• Kidnapping
• False imprisonment
• Sexual assault
• Lewdness
• Burglary
• Harassment
• Stalking

It’s crucial to recognize that New Jersey’s legal system treats these charges seriously, reflecting society’s broader commitment to safeguarding individuals from abuse. Often, allegations may arise from misunderstandings or heated altercations, thereby complicating the legal landscape. This underscores the necessity for knowledgeable legal counsel capable of dissecting the intricacies of each circumstance, evaluating the evidence, and advocating for a fair interpretation of the law.

Consequences of Domestic Violence in New Jersey

Domestic violence charges are usually handled with speed and efficiency, which can make it exceedingly difficult for the accused to get their 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.

These legal challenges can derail one's personal and professional life, potentially leading to job loss, social stigma, and strained relationships. Recognizing the broader impact, it is critical to approach these issues with comprehensive legal strategies that address both the immediate and future implications. Attorneys can guide defendants through negotiation processes, plea discussions, and explore rehabilitative opportunities that may reduce sentencing or lead to alternative resolutions, thereby safeguarding one’s civil liberties and long-term interests.

Types of 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 from making contact with loved ones, forbid you from possessing any firearms, and possibly result in losing 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.

Restraining orders serve as critical tools for protection but can also profoundly impact the accused's daily life and relationships. Beyond the immediate legal ramifications, these orders can interfere with personal freedoms, affecting living arrangements and parental rights. Exploring defenses against these orders requires a delicate understanding of the law, and representation can affect how future interactions with the legal system unfold. Legal professionals can offer strategies to challenge the issuance of a final restraining order and work to minimize its impact.

Get in Touch with Our Domestic Violence Defense Team in New Jersey

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.

Contact Roberts & Teeter, LLC at (732) 607-5553 to discuss your domestic violence case with our New Jersey domestic violence defense attorneys.

Frequently Asked Questions About Domestic Violence in New Jersey

What should I do if falsely accused of domestic violence?

If you are falsely accused of domestic violence in New Jersey, acting swiftly is crucial. First, gather any evidence that can help prove your innocence, such as messages, emails, or witness testimonies. Avoid any contact with the accuser to prevent exacerbating the situation. Engage a defense attorney specializing in domestic violence immediately to begin building your defense strategy, as they can offer insights into navigating the legal complexities and address the accusations thoroughly.

Can a restraining order be removed in New Jersey?

Yes, a restraining order can be removed under certain circumstances. For a final restraining order, either party can file a motion to vacate or modify the order. The court will assess if there has been a significant change in circumstances that justifies alterations to the existing order. Legal representation is advisable to ensure that all submissions and procedural requirements are met accurately in court.

What are the penalties for violating a restraining order?

Violating a restraining order in New Jersey is a serious offense and is treated as a criminal contempt charge. Penalties may include fines, probation, or imprisonment depending on the nature and severity of the violation. Legal assistance is essential to address any allegations of violation, as a robust defense can present mitigating circumstances or challenge the validity of the claimed infringement.

What role do rehabilitative programs play in domestic violence cases?

Rehabilitative programs can be a pivotal factor in domestic violence cases. They offer an opportunity for personal growth and recognition of underlying issues contributing to domestic disputes. Participation in such programs can sometimes influence the court's decisions, offering an alternative to harsher penalties. Defense attorneys may recommend such programs to demonstrate a commitment to positive change and responsibility.

How long does a domestic violence case take to resolve?

The timeframe for resolving a domestic violence case in New Jersey varies significantly based on the complexity and specifics of the case. Simple cases might resolve within a few months, while those involving additional charges or requiring substantial investigation and evidence submission could extend over a year. Legal counsel will navigate procedural specifics and advise on expected timelines to ensure transparency and preparedness throughout the judicial process.

How Roberts & Teeter, LLC Can Help

Facing allegations of domestic violence can feel overwhelming, but you do not have to navigate the legal process alone. Our role as your New Jersey domestic violence attorney is to take immediate action, provide clear legal direction, and work toward the most favorable outcome possible.

Our Approach Includes:

• Thorough Case Evaluation: We assess all aspects of your case, from the relationship history to any prior incidents, police reports, and medical documentation.
• Strategic Planning: Each defense strategy is uniquely tailored to the circumstances of your case.
• Courtroom Advocacy: Whether in municipal court or superior court, we’re prepared to present your defense clearly, persuasively, and professionally.
• Restraining Order Representation: We represent clients during TRO and FRO hearings, fighting to prevent the imposition of lifelong restrictions.
• Negotiation and Resolution: Where appropriate, we pursue pre-trial resolutions that avoid harsh penalties and long-term consequences.

Your future, freedom, and reputation are on the line. A skilled New Jersey domestic violence attorney is ready to fight for your rights. Call (732) 607-5553 or contact us online for a consultation today!