Restraining Order Defense Lawyers in Little Falls
The potential consequences of a Little Falls criminal offense like simple assault, aggravated assault, terroristic threat, or harassment are enhanced when the victim had a relationship with the defendant failing within the Domestic Violence Protection Act. A defendant faces not only a criminal charge in either Passaic County Superior Court or the Little Falls Municipal Court when this is the case but also the possibility of a restraining order that bars any contact with the victim, a return to any shared residence, possession of any firearms or visitation with children of the couple. If you have been charged criminally, served with a restraining order, or both, based on allegations of domestic violence, hiring a skilled lawyer is extremely important to avoid a record and/or the negative ramifications of a final restraining order.
The defense team at the Law Offices of Jonathan F. Marshall has the skill to ensure that you reach a favorable resolution in your Little Falls domestic violence case. Our impressive credentials include:
- Over 200 years combined experience defending clients at the county courthouse in Paterson, as well as in the Municipal Court of Little Falls
- A team of 12 lawyers that limit their practices exclusively to defending clients accused of violating the law
- Former county and municipal prosecutors that know the system works first hand
- Certified criminal trial attorneys on staff
- A track record of success spanning decades representing individuals in your position
Contact our Clifton Office at (973) 870-4654 to obtain a free initial consultation with an accomplished attorney.
Domestic Violence and Temporary Restraining Orders in Little Falls NJ
You can become the subject of a domestic violence complaint if you commit a criminal offense listed in N.J.S.A. 2C:25-19 against a victim who is protected by the Prevention of Domestic Violence Act. Criminal offenses include the following:
Simple assault
Terroristic threats
Aggravated assault
Criminal restraint
False imprisonment
Sexual assault
Criminal trespass
The individual claiming to be the victim of the criminal offense must be 18 years of age or older or be an emancipated minor. Individuals identified as protected under the law include the following current or former members of your household:
Current or former husband or wife
Your children
Someone with whom you had a child
Someone with whom you had a dating relationship
If a simple assault or an aggravated assault offense results in your arrest, the Little Falls Police must determine if the victim is one of the protected classes of individuals under the domestic violence statute. The person will be told how to file a domestic violence complaint with the family court.
The judge in the superior court to whom a domestic violence complaint has been assigned has the power to issue a temporary restraining order designed to protect the victim against further acts of violence pending the final outcome of the case. A temporary restraining order could prohibit you from living at home pending a final hearing to prevent contact between you and the victim.
A hearing to decide if a final restraining order should be issued must be scheduled within 10 days after a domestic violence complaint is filed with the court. Our attorneys have the experience and knowledge of the domestic violence laws to protect and defend you. Their advice and guidance can help you avoid violating a restraining order 1and suffering the harsh consequences associated with a criminal contempt charge.
Violation of a Restraining Order
Criminal contempt, which is also referred to as a violation of a restraining order, results in an indictable offense of the fourth degree punishable by a $10,000 fine and up to 18 months in prison. Violation of a restraining order is a felony, so a conviction leaves you with a criminal record that could affect your ability to get a job, a professional license, citizenship or obtain a security clearance.
Penalties and Consequences of Little Falls NJ Domestic Violence Cases
The penalties you face in a domestic violence case depend upon the underlying criminal offense. For example, a conviction of simple assault in the Little Falls Municipal Court includes a fine of up to $1,000 and up to six months in jail. If the criminal offense is aggravated assault, terroristic threat, or another indictable crime, you face even stiffer penalties such as the possibility of years in prison and thousands of dollars in fines.
The final hearing in family court on the domestic violence complaint could lead to a final and permanent restraining order. Depending upon the circumstances of the case, a judge could prohibit you from living at home, grant custody of your children to your spouse, and order that you pay child support.
Little Falls Domestic Violence Defense Attorneys
The attorneys at the Law Offices of Jonathan F. Marshall have the training, knowledge, and skills to provide you with a comprehensive and coordinated defense in both criminal court proceedings and in restraining order hearings stemming from allegations of domestic violence in Little Falls New Jersey. Representation by a lawyer who is experienced in this realm is pivotal if you want to provide yourself with the best chance for averting a criminal conviction and penalties, or even a permanent restraining order. Call us at (973) 870-4654 to discuss the specifics of your case with a seasoned Passaic County criminal defense attorney. Lawyers are available 24/7 to take your calls so do not hesitate to contact our firm whenever the need arises.
