Accuser or Accused: Why it is Important to Retain Counsel in a Domestic Violence Case
Why Retain Counsel in Your Monmouth or Ocean County Domestic Violence Case?
Under the New Jersey law, domestic violence is committed by a person who has a close relationship in your life, including a current or ex-spouse, any member of your household (past and current), any current or former boyfriend or girlfriend, or a parent of your child or children. You do not need to be legally related to or currently living with an abuser to qualify for protection under this law, or to have charges filed against you.
Domestic Violence Types of Charges
The list below outlines 11 of the over 14 different charges that can be brought against an individual in a domestic violence case. The charges are accompanied by the associated statutes:
- Homicide – N.J.S.A. 2C:11-1
- Assault – N.J.S.A. 2C:12-1
- Terroristic Threats – N.J.S.A. 2C:12-3
- Kidnapping – N.J.S.A. 2C:13-1
- Criminal restraint – N.J.S.A. 2C:13-2
- False imprisonment – N.J.S.A. 2C:13-3
- Sexual assault – N.J.S.A. 2C:14-2
- Lewdness – N.J.S.A. 2C:14-4
- Criminal mischief – N.J.S.A. 2C:17-3
- Burglary – N.J.S.A. 2C:18-2
- Criminal trespass – N.J.S.A. 2C:18-3
- Harassment – N.J.S.A. 2C:33-4
If you or someone you love have been domestically victimized by one of the crimes listed above and is in need of a restraining order or if you have been falsely accused by someone close to you, please call our Sea Girt or Brick, NJ offices today at (732) 812-3102 for a free and confidential consultation. Our qualified Family Law Team delivers quality counsel, with a client-centered approach, at aggressive rates in the market.
The Restraining Order Process in Brick and Sea Girt NJ
Temporary Restraining Orders – TRO’s
If an individual files because they feel there is a need for protection, they are tasked to provide enough evidence in what is called an “Informal Hearing”. If the court agrees, it would then issue a TRO or a Temporary Restraining Order. This order, in most circumstances, is in place to prohibit any and all contact between the two individuals unless otherwise outlined by the court. The court is at liberty to order additional or other conditions of the TRO that it determines are on an emergent basis.
If and when a TRO is issued, the court will then order that the defendant be served and a trial is set on the matter. The purpose of the trial is to determine whether or not there is sufficient evidence of abuse and danger to the individual that would warrant the transition from a TRO to an FRO, or Final restraining order.
Final Restraining Orders – FRO’s
The FRO can become a permanent order of the court to prohibit contact and other conditions, under penalty of arrest if the FRO conditions are violated in the future. The FRO can also prohibit certain rights, such as a right to own or posses a fire arm for the rest of the individual’s life. It can also play a significant role in your divorce, impact the custody arrangement, and even have a financial impact on the divorce settlement in a number of ways.
Whether a TRO or FRO are violated by a defendant, such as making contact with the victim protected under either restraining order, then a New Jersey Criminal Complaint may be filed for “Contempt of Court.” These charges are now elevated into a criminal charge that is handled and prosecuted by a New Jersey Prosecutor’s Office attorney, referred to as an Assistant Prosecutor.
Why Hire a Lawyer for a TRO or FRO no matter what side you are on?
As you will hear in the video below, whether you are on either side of a TRO or FRO, it is imperative that you seek counsel and understand that these are not insignificant matters; in fact they can have major implications on your life and the life of your loved ones.
Transcription – Accuser or Accused: Why it is Important to Retain Counsel in a Domestic Violence Case
Domestic violence cases in New Jersey are very serious. That’s because a final restraining order is just that. It´s final. It´s permanent. And it´s not going to go away. There´s also serious consequences. You are listed in the National Domestic Violence registry. You cannot own a firearm and there are fines and penalties. I think is very important that you have an attorney with you during the final restraining order hearing whether or not you are a victim or you were accused of domestic violence because there´s a full trial. You are going to have to present your case. You are going to have to testify, cross-examine witnesses, introduce evidence, and just generally be composed during the trial. If you have an attorney with you is going to be very beneficial.
Contact and Experienced Toms River Domestic Violence and Restraining Order Law Firm Today
If you are made a victim at the hands of someone close to you, the first thing to do is call the police and report the domestic violence. Protect yourself and your family at all costs. Once you and your family members are safe, contact the Bronzino Law Firm, LLC today for a free and confidential case assessment.
These are serious charges, with serious consequences. Let our Family Law Team explore all options to provide educated counsel no matter if you are the accuser or accused. We understand, depending on the circumstance, there can be victims on either side of the aisle; those who have been victimized but also for those who have been wrongfully convicted of such a serious act.
Our approach revolves around the attorney-client relationship first and foremost, which is one of many reasons why we have secured high praise from clients over the years. Call today and take the first step to protecting your rights. Let us focus on protecting your future.