Category: Restraining Orders
Brick Family Lawyers Promote Domestic Violence Awareness Month
Educating Clients in towns throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey
What began in October 1981 as a “Day of Unity,” to end violence against women and children, is now a month-long event, during which advocacy groups promote local resources, conduct education campaigns, and raise awareness through understanding and knowledge of intervention strategies.
Something to keep in mind this and other months is that one of the most critical aspects to help and support victims of domestic violence is to not be afraid to speak to them or ask if they need help when one observes the signs of domestic violence.
National Coalition Against Domestic Violence (NCADV) says:
- Nearly 20 people per minute are physically abused by an intimate partner in the United States
- 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, intimate partner contact sexual violence, and/or intimate partner stalking
- In 2018, the National Domestic Violence Hotline received more than half a million calls, texts and online chats – its busiest year to date
- According to the hotline (which has provided 24-hour, year-round support since 1996), the 573,670 calls and other communications in 2018 were a 36 percent increase from 2017. Of these callers:
- 88% said they were experiencing some sort of emotional and verbal abuse;
- 60% said they were the victims of physical abuse;
- 24% said they were subject to financial abuse, such as their partners stealing money or limiting access to money;
- 5% reported digital abuse, which includes GPS stalking, relentless texting, and unauthorized home surveillance; and
- 11% said they were experiencing sexual abuse
- The presence of a gun in a domestic violence situation increases the risk of homicide by 500%
- Intimate partner violence (IPV) accounts for 15% of all violent crime
- A CDC and Office of Juvenile Justice and Delinquency Program stated that 1 in 15 children are exposed to intimate partner violence each year, and 90% of these children are eyewitnesses to this violence
- Adverse outcomes that result from exposure to intimate partner violence in childhood include an increased risk of psychological, social, emotional and behavioral problems, mood and anxiety disorders, post-traumatic stress disorder (PTSD), substance abuse and school-related problems in children and adolescents
The Impact of Fear in Domestic Violence Cases
Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, gender, socioeconomic backgrounds, and education levels. Because it occurs in opposite-sex and same-sex relationships, among intimate partners who are married or living together, or have a child in common, or are dating, the cyclical nature of abusive behavior by one partner against another, often means that the decision to leave or call the police may be impractical or not even feasible.
On a personal level, domestic violence can wreak havoc on one’s life, sense of security and well-being. It is a frighteningly common issue and legally complex. Many victims fear reprisal or have been told that if they leave or seek help from law enforcement, the aggressor may take even more extreme action (i.e., hurt or kill the victim or someone close to the victim, take custody of their children, withhold financial means, etc).
Since the victim may be reliant on the aggressor to pay a household or other related expenses – this emotional dependency, verbal, financial, and sexual abuse, in addition to fear, often prevents victims from leaving sooner, because they feel trapped.
How Does the NJ Prevention of Domestic Violence Act Protect Victims of Abuse?
The New Jersey Prevention of Domestic Violence Act, (PDVA) recognizes “domestic violence is a serious crime against society” and as a cycle of violence that can be difficult to break. The law contains both civil and criminal remedies. Victims may file a civil complaint to obtain a civil restraining order through municipal or Family courts, and mandatory arrests involve the criminal justice system when a criminal complaint is filed.
Both complaints should be filed for your protection and have serious consequences for violators. The civil complaint is designed to protect you and the criminal complaint is designed to punish the abuser. The criminal charges against the abuser can result in jail, fines and other penalties. Especially in matters of domestic violence and child custody, a permanent or final restraining order (FRO) can be sought that will protect you and your family from your abuser for a more extended period of time. A FRO can also make it nearly impossible (for obvious reasons) for the abuser to locate you and the court has the discretion to make decisions with regard to custody, parenting time, child support, alimony and counsel fees.
If you were severely injured, you may be able to file a personal injury claim against your abuser to cover medical bills and compensate you for pain and suffering. Most of all, our experienced domestic violence attorneys will make sure you will never be hurt again by your attacker.
What is the Role of An Attorney in Domestic Violence Cases?
The attorneys of Bronzino Law Firm, LLC work quickly and fight hard to make sure you and your family are safe. We can be invaluable in domestic violence situations, by communicating and advocating in the courts on behalf of you and your family. Our experienced attorneys can also present evidence, cross-examine witnesses, and conduct the hearing within the rules and procedures of the court. We know court can be a scary experience, and we take on the burden and capitalize on our own experience when representing you. If you are involved in a domestic dispute, protect your rights and contact our office today.
Consult a Domestic Violence Lawyer in Ocean County Today
Experienced Bronzino Law Firm, LLC attorneys will be ready to assist you in Domestic Violence-related issues. Don´t hesitate to reach out to us and learn more about this topic and protect yourself and the ones you love.
Child Abuse Attorneys in Ocean and Monmouth County New Jersey Courts
Serving clients throughout Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey
According to NJ Rev Stat § 9:6-8.21 (2013), child abuse is the non-accidental physical, mental or emotional injury, sexual abuse, or negligent treatment of a child by a person responsible for a child’s welfare. This means that a parent or caregiver (of a child under 18 years of age) acts or fails to act in such a way that causes:
- physical injury
- risk of death or disfigurement
- impairment of emotional or physical health
- inappropriate sexual contact or content
- neglect and/or
This may also include failing to supply adequate food, clothing, shelter, education, medical or surgical care though the caregiver may be financially able, and cases of neglect.
Minimum Degree of Care
NJ Statute NJSA 9:6-8.9 defines a neglected child as a child whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his/her parent or guardian to exercise a minimum degree of care. Examples of this are: willfully failing to provide proper and sufficient food, supervision, clothing, maintenance, regular school education as required by law, medical attendance or surgical treatment, and a clean and proper home although though one is financially able.
NJ gets 78,000 child-abuse calls a year, and it’s trending upward
A recent article stated that over the past 4 years, the number of calls to New Jersey’s Department of Children and Families’ child abuse hotline has been rising steadily. Despite this disturbing trend, and even though the primary sources of child abuse referrals in New Jersey are from schools, hospitals, and law enforcement, not all calls result in investigations.
New Jersey is home to close to 2 million children and it is everyone’s responsibility to ensure they are safe from abuse. Child abuse occurs in all kinds of families, regardless of race, ethnic background, socio-economic status, or religious beliefs. The most common perpetrators of child abuse are mothers, fathers, relatives, babysitters, and non-related household members. The actual statistics related to child abuse are often considered underestimates due to a failure of diagnosis by medical personnel or underreporting of the problem.
Steps to Take If You Suspect Child Abuse or It Has Been Reported to You
New Jersey State Law, requires that any person having reasonable cause to believe that a child has been subjected to abuse or acts of abuse, or neglect should immediately (i.e., “right now”) report this information to the State Central Registry (SCR). If the child is in imminent danger of abuse or neglect, you are required by law to call 911 as well as the Child Abuse Hotline 1-877 NJ ABUSE (1-877-652-2873). As a concerned caller, you do not have to be sure or have proof that abuse has taken place to contact the Child Abuse Hotline. Once a report highlights that there is a risk to a child an investigation will be carried out by the Division of Child Protection and Permanency who will investigate the allegations of abuse within 24 hours.
Having reasonable suspicion is enough to trigger a report. Any person who, in good faith, makes a report of child abuse or neglect or testifies in a child abuse hearing resulting from such a report is immune from any related criminal or civil liability as a result of such action.
Contact a Child Abuse and Domestic Violence Lawyer in Ocean County Today
Child abuse and domestic violence lawyer Peter J. Bronzino, Esq. has extensive experience serving clients in sensitive criminal family matters throughout Ocean County towns such as Toms River, Wall, Point Pleasant, Asbury Park, Spring Lake, Brick, and all of Eastern New Jersey. Our firm believes in keeping clients informed and involved throughout the legal process so that we can deliver uniquely personalized legal solutions. If you are looking for an attorney who will passionately and aggressively defend your legal rights as a victim of abuse or other legal proceedings, look no further.
Experienced Bronzino Law Firm, LLC attorneys can enlist the help of physicians, mental health experts and psychologists to build the most compelling case in order to provide an effective defense for you.
Contact us online or through our Brick, NJ offices by calling (732) 812-3102 today for a free and confidential consultation regarding your legal concerns and the role that a history of abuse has had on you and your family.
Simple Assault, Domestic Violence, and Restraining Order Lawyer Brick NJ
Providing expert counsel regarding Domestic Violence & Restraining Orders across Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean and Monmouth County Areas
Although simple assault may be one of the most common “misdemeanor” offenses a person can be charged within Ocean or Monmouth County, it is a very serious criminal charge in New Jersey. As a disorderly persons offense, assault charges can arise from minor altercations or as a result of a domestic violence incident. Assault is a violent crime and criminal conviction can significantly affect employment or educational opportunities, your reputation, and possibly result in a fine or restraining order, not to mention negatively impact child custody matters in divorce litigation. Unlike many criminal offenses in New Jersey, you can be charged with simple assault even though the assault was unintended, and you can be found guilty even if there was no injury to the other party.
What Constitutes Simple Assault in Jackson, NJ?
N.J.S.A. 2C:12-1 or “simple assault” can be triggered as the result of purposeful, knowing, reckless or negligent conduct, even if the person was unsuccessful in their attempt to commit the offense and the other party was not injured. The assault may cause temporary pain or discomfort or present a physical threat, and ANY unwanted or offensive physical contact can also be considered assault.
Simple Assault as an Act of Domestic Violence in Wall Township, NJ
If the simple assault is against a current or former spouse, household member, family member, co-parent, or intimate partner it can be considered as “domestic violence.” New Jersey’s Prevention of Domestic Violence Act is a means of protecting victims of domestic abuse. To be charged with a domestic violence criminal offense or issued a temporary restraining order in New Jersey, one must be accused of committing one of the 19 predicate acts of domestic violence (e.g., simple assault, harassment, terroristic threats, etc).
As the more common charge used as the grounds for a protective order, a person is guilty of simple assault or N.J.S.A. 2C:12-1(a) if they:
(1) Attempt to cause or purposely, knowingly or recklessly causes bodily injury to another;
(2) Negligently causing bodily injury to another with a deadly weapon; or
(3) Attempt by physical menace to put another in fear of imminent serious bodily injury.
Under these conditions in NJ, even an attempt to cause bodily injury and/or threatening behavior that would make someone believe they are in immediate danger of suffering serious harm is considered a simple assault. So when one considers the type of language used to define “simple assault” it’s clear to see how people can face restraining orders with simple assault as the basis.
Though vastly different from aggravated assault, the seriousness of a simple assault charge or subsequent conviction, can nevertheless have devastating consequences on your life. Especially since a domestic violence finding during a criminal background check has the potential to disqualify you from many jobs or educational opportunities.
What is the Punishment for Simple Assault & Domestic Violence in Sea Brick or Girt, NJ?
Simple assault is typically considered a disorderly persons offense.
- Disorderly Persons Offense: maximum sentence of 6 months to be served in the county jail and a fine of up to $1,000
- Petty Disorderly Persons Offense: maximum sentence of 30 days to be served in the county jail and a fine of up to $500
Victims of a simple assault or domestic violence can request a temporary restraining order (TRO) and subsequent to that a final restraining order (FRO). Since Family Court related protective orders have a lower burden of proof than criminal courts, a final restraining order issued against you based on a simple assault accusation, will prohibit you from having or using a weapon for the rest of your life and subject to criminal charges for contempt if you violate any of the provisions contained in the FRO.
False Allegations: Simple Assault & Domestic Violence Lawyers in Toms River, NJ
The reasons why a person would make false domestic violence or simple assault allegations may vary greatly (i.e., jealousy, revenge, to gain child custody, more parenting time or a greater share of the property in a divorce settlement). No matter the reason, none are acceptable, fair, just, and are oftentimes illegal.
Be sure to attack this circumstance swiftly and aggressively with an attorney that you can trust. The consequences of a false conviction resulting in a FRO or Final Restraining Order can and will impact you for the rest of your life. As an innocent person, these allegations should not be taken lightly.
Our attorneys assist clients in Spring Lake, Toms River, Point Pleasant, Brick, and the greater Ocean and Monmouth County areas. Visit our online form or call us at (732) 812-3102 to learn more about your options.
Failing to Appear in Ocean or Monmouth County Courts
Serving Brick, Sea Girt, Toms River, and Wall Township and across the Jersey Shore
In New Jersey, a notice to appear is an official court order and should not be ignored. There can be serious consequences for failing to appear in court on a scheduled court date or to respond to a summons in a criminal offense or motor vehicle violation. What could have initially seemed to have been a simple parking ticket, traffic violation, or minor civil disturbance matter can evolve into a loss of driving privileges, court fees, the issuance of a warrant, revocation of bail, contempt of court charges, and even detention while you await trial.
No matter the reason, once a summons date has passed the issue is escalated, and the court or the judge has a greater amount of discretion to take. This includes issuing a bench warrant that authorizes police to make an immediate arrest. In addition, as part of the court record, bench warrants will likely show up on future background checks, even if the defendant is found guilty of failing to appear in a criminal matter, and is later acquitted of the underlying criminal charges.
Significant and unexpected events can happen in life, which may prevent someone from being able to make their court appearance. Open and honest communication with one´s legal counsel can help prevent any misunderstandings, arrest warrants, contempt fines, or jail time away from their loved ones.
Failure to Appear in Court: New Jersey Court Rule 7:8-9
Under New Jersey Court Rule 7:8-9, a judge can convict someone for failing to appear or respond to a court summons if:
- there is sufficient evidence that the person had proper notice of the trial date, and
- the court determines that the person intentionally did not come to court.
Potential Defenses for Failing to Appear in Court in Monmouth County, NJ
You will need to prove to the judge that a serious emergency physically prevented you from getting to court or responding to your summons. Potentially acceptable reasons may include:
- not being notified of the court date and time
- a previously scheduled court appearance
- a serious accident or illness
- a natural disaster
- a death in the family
Invalid Reasons for Failure to Appear in Court in Toms River, NJ
- moved and did not notify the court of your address change.
- thought the judge waived your appearance.
- had to work.
- were stuck in traffic.
Your car broke down.
The weather was bad.
I Missed My Court Date. What Now?
If you or someone you love in New Jersey, missed a court date for a traffic violation or a criminal offense or is trying to resolve a license suspension, arrest warrant, or an outstanding case, it is vital that you consult an experienced attorney who can best present your unique circumstances and explain your missed court appearance. Thus, possibly minimizing or avoiding any resulting penalties. This attorney should also be someone who can provide a strong defense of the underlying charges and increase the chances of an acquittal or reduction to a lesser charge.
CONTACT US AT OUR BRICK OR SEA GIRT OFFICE LOCATIONS
One of our lawyers is ready to provide a free case evaluation today!
The Bronzino Law Firm has decades of experience defending clients against traffic citations and criminal charges in Ocean and Monmouth County towns such as Wall, Jackson, Point Pleasant, Sea Girt, and the surrounding communities.
We believe that by communicating honestly with our clients and keeping them well informed, we can find realistic and effective solutions for any legal matter. Attorney Peter J. Bronzino has built his practice based on the belief that each one of his clients deserves compassionate, highly attentive and effective legal counsel.
Whether you are facing a failure to appear charge related to a traffic violation, a disorderly person offense, or a city ordinance violation, our law firm can help you to negotiate with local courts, protect your rights, and ensure the future of you and your family.
Electronic Threats, Harassment, and Final Restraining Order Attorneys
Domestic Violence and Restraining Order Attorneys serving Sea Girt, Spring Lake, Ocean Township, Red Bank and across the Jersey Shore
New Jersey’s Prevention of Domestic Violence Act is a comprehensive and progressive piece of legislation designed to reduce violence between domestic partners and the precursors that lead up to it. This can mean addressing the issue of violence during the threat phase. These threats can come in many forms including physical, verbal or even electronic.
Threats of this nature could not have been imagined 30 years ago, however, as society evolves virtually and we have endless forms of communication at our fingertips, the courts have had to pay close attention to the harm these capabilities can deliver. Increased attention has been placed on abuse and criminal activity committed via electronic threats, via the transmission of texts, images, video, and more. Electronic threats, in fact, can now even be used as grounds for filing a Final Restraining Order.
Over the years, we have grown a family law firm focused on families and pride ourselves on delivering value to satisfied clients. At Bronzino Law Firm, your problems become ours, and together we work hard to obtain a successful outcome in your case. Peter Bronzino and the attorneys on his staff help educate and counsel clients so that they can make informed decisions.
Contact us for more information and a dedicated Family Law Attorney will provide you with the proper guidance to help navigate through the legal process. Call us at 732-812-3102 or visit our website to fill an online form and schedule an appointment.
Representative Case Regarding Electronic Harassment and Restraining Order Charges
In the 2017 case M.Y. v. G.C., the parties were divorcing after five years of marriage. M.Y. filed a complaint with the Superior Court of New Jersey Family Part in March 2016 for a temporary restraining order against G.C. She stated that G.C. had harassed her by calling and texting her repeatedly and that the calls and texts were threatening and harassing. The messages caused M.Y. to fear for her safety, kept her awake and made her feel sick.
The trial court judge granted M.Y. a final restraining order after finding that M.Y. was credible and believable. Using N.J.S.A. 2C:33-4(a) the judge determined that G.C. had committed a predicate act of harassment. The judge found that G.C.’s actions constituted harassment because G.C. sent M.Y. hundreds of messages over a four-day period with the intention of annoying or alarming her. Furthermore, the judge also concluded that a final restraining order was necessary to protect M.Y. from potential future harm or abuse.
What Constitutes Harassment in New Jersey?
Under 2C:33-4, harassment occurs when a person engages in any conduct which is alarming or repeats the behavior in a way which has the intent to annoy or alarm an individual seriously.
A person can be found guilty of harassment if they have the purpose to harass another by making communication anonymously, at extremely inconvenient hours or using offensively coarse language or communicating in any other manner likely to cause annoyance or alarm. Furthermore, a person can also be found guilty of harassment if they subject someone to striking, kicking, shoving, other offensive touching or threats to do so.
If a person engages in any conduct which is alarming or repeats conduct in a way which has the intent to annoy or alarm an individual seriously, they may also be found guilty of harassment. All of this conduct by itself would constitute a petty disorderly person offense. However, if a person is on probation or parole for any indictable offense, a new charge of harassment automatically becomes a fourth-degree offense, even when it is in no way related to the prior charge. A person will also be charged with a fourth-degree offense if they are serving a prison sentence at the time of the alleged Harassment.
First Amendment Protection of Offensive Language versus Harassment
It is important to note that the First Amendment of the United States Constitution permits the regulation of conduct, not expression. Consequently, the speech prohibited by the harassment statute must be said with the specific intention of harassing the listener.
In the 1981 New Jersey Appellate Division case of State v. Fin American Corp., it was clearly stated that the harassment statute was not enacted to prohibit mere speech, use of language, or other forms of expression. Therefore, the speech that is not permitted by the harassment statute has to be said with the specific intention of harassing the listener. Restraining orders predicated on harassment cannot be issued if based purely on a mere expression of opinion stated with offensive language or in an aggressive manner.
Contact a Toms River DV and Restraining Order Attorney Today
The Family Law Attorneys at Bronzino Law Firm handle clients facing harassment issues in Sea Girt, Spring Lake, Ocean Township, Red Bank and Monmouth County. Contact us today and let us protect your rights, and your privacy. Feel free to give us a call at 732-812-3102 to schedule a meeting at one of our conveniently located offices in Brick and Sea Girt or fill out the online form and we´ll get back you shortly.
Criminal Mischief and Domestic Violence Attorneys Ocean County NJ
When people think of domestic violence, physical abuse often comes to mind. New Jersey courts have been giving the topic and concept of domestic violence the attention and respect it rightly deserves, particularly as it relates to actions that may occur in the home or between a couple that may not fall into the “cookie cutter” physical abuse that domestic violence often and unfortunately represents. Beyond the intoxicated husband striking his wife or the controlling lover that does not take the break up well, the courts have looked at and defined certain actions that are not as obviously criminal acts and determined that they could still be charged and prosecuted.
An individual could be committing domestic violence by abuse inflicted physically, emotionally, psychologically, and even by destroying property. New Jersey law addresses situations of the destruction of marital property for spite, in anger or for revenge under criminal mischief that falls under the Prevention of Domestic Violence Act.
The Bronzino Law Firm LLC has effectively used the law to represent and protect clients against domestic violence in many communities across New Jersey including Asbury Park, Neptune, Wall, Manasquan, Point Pleasant, Brick, Jackson, Sea Girt, and all of Monmouth County, Ocean County and across the Jersey Shore. Contact our Brick or Sea Girt offices today by calling 732-812-3102 for a free and confidential consultation regarding your situation.
Criminal Mischief and the Destruction of Marital Property Brick NJ
The destruction of a significant other’s property is addressed under New Jersey statute, N.J.S.A. 2C:17-3(a)(1), which states that an individual is guilty of criminal mischief if he or she “purposely or knowingly damages tangible property of another.” This can take the form of destruction of clothing or household items, vandalism of automobiles and even, in extreme cases, the burning of a marital home or other property. The destruction of shared property falls under the criminal mischief section of the Prevention of Domestic Violence Act.
Legal Precedent for Destruction of Marital Property being Criminal Mischief in NJ
The Appellate Division case H.C.F. v. J.T.B., (A-5618-14T3 (App. Div. Sept. 7, 2017), addressed a situation where a husband and wife, though separated, still resided together in separate rooms in a three bedroom marital home. The husband was accused of and admitted to damaging both the home as well as marital property that was in the possession of his wife. This included punching holes in a door, destruction of a doorframe and the damaging of stereo speakers. The husband claimed that because the property technically belonged to both of them that he was within his rights to do with these items as he pleased. The Appellate court did not agree.
The appellate court issued a restraining order on the grounds of criminal mischief. Despite both parties technically owning the house and the stereo equipment, the trial court noted that still did not give the husband the right to damage property in the house because both of the parties had an undivided interest in the home and the property.
The Appellate Division cited N.T.B. v. D.D.B., 442 N.J. Super. 205, 222 (App. Div. 2015), to support finding that damage to a spouse’s undivided interest in the home as a tenant by the husband constituted the predicated act of criminal mischief. In this case, the Appellate Division turned to the model jury charge for criminal mischief, which instructs trial judges, “where appropriate, to charge that property of another includes property partly owned by defendant in which any other person has an interest which defendant is not privileged to infringe.” Thus, the damaged property, despite being located in the marital home, were the “property of another” under the statute and found the husband’s conduct constituted criminal mischief and supported a finding of domestic violence.
Contact a Sea Girt Domestic Violence Attorney Today
The attorneys that make up the Bronzino Family Law Team understand the dangers that domestic violence represents and how easily an incident or series of incidents can escalate from what one might consider minor to a highly volatile and dangerous situation. Whether physical, verbal, emotional, or even through the damaging of mutual owned property; none of these acts should be taken lightly. Our experienced criminal law attorneys have the knowledge to help guide you if you have been the unfortunate victim of domestic violence or you are facing charges based on criminal mischief and/or the damaging of property. We are here to walk our clients through the often complicated legal process and provide client-centered counsel every step of the way.
If you or someone you know has had their marital property damaged or destroyed by an angry spouse please contact our Brick or Sea Girt offices today by calling 732-812-3102 for a free and confidential consultation.
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.