Former Prosecutors With Decades of Experience Defending Restraining Orders & Domestic Violence Criminal Cases Arising in Wayne Township New Jersey
Wayne domestic violence criminal charges or an associated restraining order have serious consequences that include a bar from you returning to your home, enjoying custody of your children, and possessing a firearm. You should also know that the criminal charge and final restraining order hearing involve entirely separate cases that take place in different courts — one in a criminal courtroom and the other in family court. You should also know that there aren’t any do-overs in either of these forums; if you decide to entrust your case to the wrong attorney or proceed without representation, there won’t be any opportunity to conduct another hearing. If you are charged with domestic violence in Wayne it is therefore pivotal that you retain the most skilled criminal attorneys you can identify.
The attorneys at the Law Offices of Jonathan F. Marshall have more than two centuries of combined legal experience representing clients charged with domestic violence throughout Passaic County, including in Wayne New Jersey. Most of the eleven (11) lawyers on our defense team are also former prosecutors at either the county or municipal court level. We are also highly familiar with the court system in Wayne and elsewhere in the county given that we have an office located in the town and have for well over a decade. An attorney is available 24/7 for a free consultation by calling (862) 203-4070.
Domestic Violence and Temporary Restraining Orders in Wayne NJ
N.J.S.A. 2C:25-17 through 35 contains the New Jersey Prevention of Domestic Violence Act (“PDVA”). Certain criminal offenses committed against protected classes of people specified in the statute may be declared a domestic violence incident resulting in a separate proceeding in the family division of the superior court. Some of the criminal offenses included in N.J.S.A. 2C:25-19 are the following:
Simple assault
Terroristic threats
Aggravated assault
Criminal restraint
False imprisonment
Sexual assault
Criminal trespass
The relationship between the accused and the victim is an important factor in determining if whether a restraining order will be issued as a result of a Wayne New Jersey domestic violence incident. If one of the offenses previously listed is committed against someone who is in one of the following protected classes of individuals defined in N.J.S.A. 2C:25-19, a temporary restraining order may be issued and heard at the Family Division of the Passaic County Superior Court. A “victim” is eligible for the protection afforded by a temporary or final restraining order if they are:
Spouse and or former spouse
Child
Current or former domestic partner
Parent of the accused
Individuals in a dating relationship
Current or former boyfriend or girlfriend
Someone in a current or former dating relationship with the accused could be a member of a protected class entitled to a restraining order.
Penalties and Consequences of Wayne NJ Domestic Violence Cases
The punishment for committing a domestic violence criminal offense hinges on the grade or severity of the related charge. For example, a Wayne simple assault is usually a disorderly persons offense handled in the Wayne Municipal Court where a judge could sentence a person to serve up to six months in jail and pay a fine not exceeding $1,000. More serious offenses, such as a Wayne aggravated assault offense, are handled in the criminal division of the superior court where the prison sentence could be for as long as 10 years (i.e. second degree aggravated assault triggers 5-10 years in prison).
Conversely, a final restraining order hearing in the Passaic County Family Division focuses on restraints, namely, will the accused be permanently barred from ever communicating or having any other contact with his/her accuser. If you lose the restraining order hearing, you will have no relationship whatsoever with the victim, will be forever precluded from possessing or owning a firearm, and will be subject to arrest and incarceration if you violate the restraining order by having contact. Violation of a restraining order is a criminal contempt punishable as an indictable offense of the fourth degree with up to 18 months in prison and a fine as high as $10,000. An indictable offense is the equivalent of a felony, so violating a restraining order from a domestic violence incident could give you a permanent criminal record as a convicted felon. It is essential to have an experienced attorney representing you at the hearing who has the legal knowledge and trial experience handling domestic violence cases to properly defend you against the dire consequences that come with a permanent/final restraining order.
Domestic Violence Attorneys in Wayne New Jersey
When you need tough, aggressive representation to prevent the consequences of domestic violence allegations, you want a lawyer from the Law Offices of Jonathan F. Marshall standing by you in court. Our years of experience in all courts in Passaic County make us the Wayne domestic violence attorneys you call when you need representation. Call us right now at (862) 203-4070 where one of our trusted lawyers is available to answer your questions in a free consultation and case evaluation.
