Need a Domestic Violence Lawyer? You came to Right Place
Has Someone Obtained a New Jersey Temporary Restraining Order Against you or have you obtained a Restraining Order Against Someone and seek an attorney in Jersey City, New Jersey? You have come to right place, we are experienced New Jersey Restraining Order Lawyers and Criminal Defense Attorneys in Jersey City, New Jersey.
“Best Lawyer in New Jersey.” Jose S.
As a New Jersey Domestic Violence Lawyer and Criminal Defense Attorney I have tried and settled cases for both people who are defendants and victims in temporary restraining order (TRO) cases, domestic violence charges, assault, robbery, possession of drugs, criminal mischief, in New Jersey including: the Hudson County Superior Court, Bergen County Superior Court, Union County Superior Court, Essex County Superior Court, Somerset Superior Court and Passaic County Family Court. Final Restraining Orders (FRO)in New Jersey are permanent and can affect your life in many ways, take it very seriously! If you have been served with a temporary restraining order in New Jersey and/or face criminal charges, hire a lawyer immediately by calling us on 201-706-7910, your court date is coming up.
When choosing a lawyer for your domestic violence case or criminal defense in New Jersey, be careful who you choose. Sometimes, working with a New Jersey family law attorney that is used to trying cases before a Judge is better than someone who has a jury of confused people deciding matters. Restraining order cases in New Jersey are family court actions and are heard by Judges, not juries. We are family law attorneys through and through with criminal law experience.
We have successfully appeared before Judge Mark Baber, Judge Gerard Breland, Judge Harris, Judge Coleman, Judge James P. Wilson, Judge Nancy Sivilli, Judge KIMBERLY ESPINALES-MALONEY, Judge Katz, Judge DePascale, Judge John Young, Judge Beacham, Judge Wilcox, Judge Siegal, and Judge Maureen Mantineo who either seek final restraining orders, seek to defend against claims of domestic violence or have violated a final restraining order and need to defend those criminal claims (violating a restraining order can carry jail time and/or fines). It is important to know that even if an incident occurred, you have an opportunity to reveal to the court your side of the story and what led to the incident. Domestic violence offenses are treated very seriously in New Jersey. It is also very important to know that even if you have been found to have committed an act covered under the Domestic Violence Laws of New Jersey that it does not mean that a final restraining order must be issued against you, we can help you because of our experience and knowledge of the New Jersey Domestic Violence Act Laws and Factors that are used by a Judge. Contact us today on 201-706-7910.
We will try to find out or figure out, What is the motivation behind the restraining order? Is there an underlying Custody Dispute? An Affair? A Pending or ongoing Divorce? Showing a motive can be critical in your restraining order or criminal defense.
If you are ready to hire a domestic violence attorney or criminal lawyer and face a legal issue, call us or fill out our contact form below and we will get back to you ASAP:
FINAL RESTRAINING ORDER FACTORS AND WINNING YOUR CASE
There are many factors that determine whether a final order is in fact needed. One of the leading cases that deals with whether a final restraining order is needed is: Silver v. Silver. And while many people think of domestic violence solely as acts of physical violence, that is not true at all, harassment, stalking and other non-violent acts are grounds to which a final restraining order can be issued in New Jersey. The burden of proof in the civil court is the preponderance of the evidence standard while the burden in any criminal related case is beyond a reasonable doubt (higher standard). Each case is fact sensitive. In the Hudson County Family Court, the domestic violence cases are heard on the 2nd floor of 595 Newark Avenue. People who seek to file a temporary restraining order during business hours can do so in Room 218. In Essex County, restraining order cases are heard in 212 Washington Street, Newark, NJ. While we are located in Jersey City, we represent people from every county and have appeared before most judges who decide final restraining order cases in New Jersey.
While the restraining order case is heard in civil court (family court) any related criminal case that arises out of the domestic incident is completely separate and could be heard in the municipal court or the Superior Court’s criminal division. The case may also be brought while a divorce case is pending, if you seek information about divorce, visit our page: Hudson County Divorce Attorney. We also handle the criminal defense cases in Jersey City and the surrounding towns/cities including Hoboken, Union City, West New York, Bayonne, Elizabeth, Hackensack, Weehawken, Newark, North Bergen, and beyond. Many cases in the Domestic Violence Unit in Hudson County are heard by Judge Mark Baber.
In a recent case where we represented the defendant in final restraining order case in Hudson County, the victim alleged that our client was harassing and threatening her at work and at home after their affair had ended. Through cross-examination we were able to show that the victim was in fact upset that the affair had ended and threatened our client in that she would call his employer, call his wife and so forth prior to our client’s response. Additionally, we proved that there we no prior incidents of domestic violence and that there was no further need for the parties to communicate. The Judge dismissed the complaint. The criminal complaint was also later dismissed in the Jersey City Municipal Court.
In another recent case in Ocean County, New Jersey the Judge in that case ruled that essentially all of the facts need to be heard to determine if a protective order is needed and that instigation can be a defense. In that case, the alleged victim broke all the windows and damaged his ex-girlfriend’s car to the point where it was worthless. While he did that damage, he brought a TRO against his ex as a preemptive measure while the truth was the defendant only went after the victim by breaking one window of the victim’s car after her car was essentially destroyed. The Victim’s claim was dismissed as the victim instigated the entire ordeal.
Being accused of domestic violence and facing a final restraining order in New Jersey can be an intimidating experience. You may be served with a temporary order that forces you to leave your own home, not to be able to see your children and beyond. Some people face domestic violence charges as they have been arrested of committing an offense covered under the New Jersey Prevention of Domestic Violence Act while others may find out that their significant other has obtained a temporary restraining order which can be done in court during business hours or after hours at a police precinct. Some of the acts covered by the New Jersey Prevention of Domestic Violence N.J.S.A. 2C:25-29 include but are not limited to:
- Assault, SEE OUR PAGE: HUDSON COUNTY CRIMINAL ATTORNEY AND ASSAULT DEFENSE LAWYER
- Aggravated Assault
- Sexual Assault
- Criminal Restraint
- Criminal Trespass
- False Imprisonment
- Terroristic Threats
- Criminal Mischief
While a court can find that an act has been committed, it does not automatically mean that a final restraining order is needed. “The mere commission of one of the enumerated predicate acts does not automatically mandate the entry of a Domestic Violence restraining order.” Kamen v. Egan. Many factors go into the decision as to whether a final restraining order should be ordered. Prior to a case being actually tried before the Judge, their may be opportunities to enter into what is called civil restraints that do not have the same consequences as an FRO. These restraints prevent both parties from communicating unless they must about children or other reasons and can be crafted by the attorneys or attorney. There are many cases and factors involved that a Judge must find in order to issue a final restraining order. Some of the factors are: the history of the parties, the need for communication (the current relationship of the parties), the gravity of the alleged accusations (one offense can be enough for a final order if the offense is serious enough), the existence of imminent danger, the financial circumstances or the parties.
WHAT CAN A JUDGE IN NEW JERSEY ORDER IN A RESTRAINING ORDER CASE?
Prohibit Contact between the Defendant and Victim
Order Temporary Custody of the Children and Restrict or Order Parenting Time
Order financial relief including: child support and spousal support
Order which party can stay in the marital residence (if applicable)
Restrict the defendant from owning a weapon
Order the fines
Have the defendant be fingerprinted, enroll in domestic violence therapy
Order drug/alcohol counseling
Order punitive damages
Reasonable Attorneys Fees
Compensation for a loss of earnings
It is imperative to contact an attorney to discuss your legal situation as soon as you can if you have been served with a temporary restraining order. If a Judge finds that a final order is needed, it could affect your ability to have certain employment, travel, your ability to carry a firearm, and you will be fingerprinted and placed in a national registry of domestic violence offenders and you could be ordered to pay the victim’s attorneys fees, take certain domestic violence classes and be fined. In order to have a final restraining order dissolved after the order has been entered aside from an appeal, a final order can be dissolved if good cause is shown. For information concerning removing or dissolving a New Jersey Restraining Order, visit here.
Regardless of how you feel about the merits of the alleged victim’s case or if you are the victim, you must take the case seriously. A defendant faces a permanent final restraining order while a victim needs protection. The time in which a person is served and when a final hearing is conducted is brief, time is of the essence. If you have been arrested, have received a temporary restraining order against you, or seek to obtain a final restraining order in the Hudson County Superior Court, Union County, Bergen County Superior Court, Essex County Superior Court or any other court in New Jersey, contact my team immediately on 201-706-7910 today. We offer weekday and weeknight appointments. To view our other legal services, visit our home page: New Jersey Restraining Order and Divorce Lawyers.
or to visit our video about restraining orders in New Jersey visit: Jersey City Restraining Order Lawyer Video.