Our experienced criminal defense attorneys represent clients against State and Federal criminal charges in Mercer County, NJ, from Speeding and DUI offenses to Aggravated Assault and Domestic Violence Restraining Orders GET A FREE CONSULTATION
Domestic Violence Defense Attorneys in Lawrence
Have you been served with a temporary restraining order in Lawrenceville Township? Was it from a spouse? Sibling? Significant other? Roommate? If so, you are not alone. New Jersey as a whole has seen a tremendous increase in the number of domestic violence related incidents over the years and Lawrence Township is no exception. Some of the rise in the statistics could be directly related to the significant increase in domestic violence awareness. Law enforcement throughout the State has been obtaining specialized training in order to better recognize and subsequently investigate domestic violence allegations. This has also certainly lead to an increase in the number of domestic violence related criminal charges like assault, terroristic threats, harassment as well as the issuance of temporary restraining orders. As you will see below, temporary restraining orders are not something to take lightly. The issuance of a temporary restraining order alone can lead to the individual being removed from their residence, forbidden from contacting the alleged victim, forbidden from speaking to their children and the seizure of any firearms.
The Lawrenceville Domestic Violence defense attorneys at Proetta, Oliver & Fay have been defending those served with temporary restraining orders in towns throughout New Jersey for the last decade. We fully comprehend the emotion that is typically involved in restraining orders as well as the stress and anxiety most feel. If you would like to speak to one of our attorneys today about your options, then please contact our office at 609-789-0779. One of our domestic violence defense lawyers would be more than glad to go over the specifics of your case, which includes the strengths and weakness as well as formulate a game plan that works best to suit your needs. Now here is some information on restraining orders and domestic violence criminal charges in New Jersey.
Do I Need a Lawyer for a Restraining Order in Lawrenceville?
Unlike domestic violence criminal charges, all temporary restraining order cases will be litigated in the Mercer County Superior Court, Chancery Division, Family Part, which is located in Trenton. These hearings are typically scheduled to be heard within 10 days of their issuance. Temporary Restraining Orders, also known as TRO’s, are exactly what they sound like, temporary in nature. In order for a TRO to become a permanent order of protection in New Jersey, a final restraining order hearing (FRO) must be conducted. These are basically mini-trials. The plaintiff (victim) will have the burden of showing by a preponderance of the evidence that not only were they the victim of an act of domestic violence (see below) at the hands of the defendant (aggressor) and that a final order of protection in necessary in order to prevent future acts of domestic violence. Both parties will have an opportunity to present their case as well as challenge the other parties case. These hearings are very formal and the all the rules of evidence apply. Some of the most common evidence that individuals attempt to introduce into the hearing are text messages, phone calls, emails and photos.
What is Considered Domestic Violence?
Common acts of domestic violence that form the basis of most temporary restraining orders in New Jersey include but are not limited too: assault, terroristic threats, stalking, harassment, lewdness, sexual assault, criminal restraint, kidnapping, murder and cyber-harassment.
Can I Go To Jail if a Final Restraining Order is Granted in NJ?
If a Final Restraining Order is granted, the defendant could be forbidden from returning to their residence, forbidden from speaking to the victim, forfeit any firearms, placed into a domestic violence registry and required to undergo domestic violence counseling. Furthermore, it is important to know as well that Final Restraining Order’s in New Jersey never expire, unlike most other state’s in the country.
Facing a Domestic Violence Charge in Lawrence NJ?
Anyone charged with a crime of domestic violence in Lawrenceville could be summonsed to appear in either the Lawrenceville Municipal Court or the Mercer County Superior Court, Criminal Division. The specific charge will dictate what court will have original jurisdiction over the case. For example, all disorderly persons domestic violence offenses, which are also know as misdemeanors will be litigated in the Lawrence Municipal Court, which is located at 2211 Lawrenceville Road. Some of the most common misdemeanor level domestic violence charges include simple assault, harassment, criminal mischief and criminal trespassing. Conversely, all indictable level domestic violence offenses will be transferred from the Lawrence Municipal Court to the Mercer County Superior Court, which is located at 400 South Warren Ave in Trenton. Some of the more frequent indictable domestic violence charge we see being issued in Lawrence Township include aggravated assault, terroristic threat, stalking, sexual assault and cyber-harassment. If the individual is charged with both an indictable and disorderly persons domestic violence offenses everything must be transferred to the Mercer County Superior Court.
Need to Speak to Attorney for Restraining Order in Lawrence
As you can see from reading above, the consequences of domestic violence allegations can be crippling. If you have unfortunately found yourself involved in a domestic dispute in Lawrenceville, including incidents that happen at Rider University as well as West Windsor, East Windsor, Princeton, Robbinsville, Hamilton or elsewhere in Mercer County, our office can help. To speak to one of our Mercer County domestic violence defense lawyer immediately, please contact us at 609-789-0779 or you can try contacting us online. Please do not underestimate the seriousness of domestic violence allegations.