FEDERAL CRIMINAL LAWYERS

Hunterdon County Domestic Violence Attorney

You got served with a temporary restraining order last week in Hunterdon County or got charged with a domestic violence offense, maybe after a domestic dispute where police were called and you were arrested with a TRO issued the same night, or after the alleged victim filed for a restraining order and you have an FRO hearing scheduled at Family Court in Flemington, or you’re charged with simple assault or harassment or terroristic threats arising from a domestic incident, or the alleged victim claims you committed multiple predicate acts including assault and criminal mischief, or you cannot contact your children because of the TRO and you had to surrender your firearms within 24 hours. You don’t understand the difference between the TRO (temporary restraining order) that’s in effect now and the FRO (final restraining order) that could be issued after the hearing—you don’t know that the TRO is temporary until the hearing but the FRO is permanent with no expiration date. You don’t know which of the 19 predicate acts under New Jersey’s domestic violence law apply to your situation, and you don’t understand that the criminal case is completely separate from the restraining order proceeding. You don’t understand the difference between “preponderance of the evidence” standard used in the FRO hearing versus “beyond a reasonable doubt” standard used in the criminal case. You’re concerned about the FRO being permanent and appearing on background checks, you’re worried about not being able to get your firearms back, you’re worried about being charged with criminal contempt if you accidentally violate the restraining order, and you’re concerned about impacts on child custody, employment, and immigration status.

The answer depends on multiple factors including whether the prosecution can prove at the FRO hearing that you committed one of the 19 predicate acts listed in N.J.S.A. 2C:25-19 and that a restraining order is necessary for the alleged victim’s future protection, using the preponderance of the evidence standard (more likely than not) which is a much lower burden than the beyond reasonable doubt standard used in criminal cases. The TRO currently in effect is a temporary emergency order issued without you being present that lasts only until the FRO hearing—typically scheduled within 10 days. The FRO hearing is a full trial at Hunterdon County Family Court in Flemington where both parties testify and present evidence, and if the judge issues a final restraining order it is permanent with no expiration date—it can only be dismissed if the plaintiff files a motion to dissolve it. The 19 predicate acts include assault, harassment, terroristic threats, stalking, criminal mischief, burglary, sexual assault, and 12 other specified crimes—the judge must find that one of these acts occurred and that you’re likely to commit domestic violence in the future. The separate criminal case for the underlying predicate act is handled by the Hunterdon County Prosecutor’s Office or municipal prosecutor and requires proof beyond reasonable doubt, while the FRO proceeding only requires preponderance of evidence.

Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from the Elisabeth Haub School of Law at Pace University in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial. During law school he was recommended for Moot Court where he successfully argued criminal cases. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her high-profile grand larceny case that was featured in a Netflix special series released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients facing domestic violence restraining orders and criminal charges in Hunterdon County at Family Court FRO hearings in Flemington and at municipal courts and Superior Court for the criminal prosecutions, and we’ve achieved many, many successful outcomes including TROs being dismissed before the FRO hearing, FRO applications being denied after full trial demonstrating the predicate act didn’t occur or protection wasn’t needed, criminal charges being downgraded or dismissed, and acquittals in both the FRO hearing and the criminal case. If you’re reaching out to us—we understand the stakes you’re facing.

Two Separate Proceedings and Burden of Proof Differences

Understanding that you’re facing two completely separate legal proceedings is critical—the criminal case and the restraining order case proceed on parallel tracks simultaneously but with different standards, different consequences, and different courts. The criminal case prosecutes you for the underlying predicate act (assault, harassment, terroristic threats, etc.) in either municipal court for disorderly persons offenses or Superior Court for indictable crimes, with the prosecutor bearing the burden of proving guilt beyond a reasonable doubt, and potential consequences including jail time, fines, probation, and a permanent criminal record. The restraining order case is a civil proceeding in Family Court where the alleged victim (plaintiff) must prove by a preponderance of the evidence—meaning more likely than not, which is roughly 51% certainty—that you committed one of the 19 predicate acts AND that a restraining order is necessary for their protection. This lower burden of proof means you can be found not guilty in the criminal case beyond reasonable doubt but still have an FRO issued against you based on preponderance of evidence. The FRO has its own serious consequences—it’s permanent with no expiration date, it appears on the NJDCR domestic violence central registry checked by employers and housing authorities, it requires permanent surrender of all firearms and ammunition, it can affect child custody arrangements, and violation of the FRO is a separate criminal contempt charge under N.J.S.A. 2C:29-9 carrying up to 18 months prison for fourth-degree contempt or 6 months jail for disorderly persons contempt.

Todd Spodek’s Strategic Approach to Domestic Violence Defense

In domestic violence cases, Todd Spodek employs sophisticated defense strategies defending both the FRO hearing and the criminal prosecution simultaneously. At the FRO hearing, he challenges the alleged victim’s evidence by cross-examining them about inconsistencies in their story, whether they have an ulterior motive to fabricate (pending divorce, child custody dispute, property settlement), whether the defendant acted in lawful self-defense, whether the situation was mutual combat with both parties as aggressors, and whether physical evidence supports their claims or contradicts their testimony. He presents evidence of the defendant’s good character, lack of prior domestic violence, and peaceful relationship history. He argues that even if some incident occurred, a permanent restraining order isn’t necessary for protection based on the totality of circumstances. For the separate criminal case, Todd uses the beyond reasonable doubt standard to his advantage, challenging whether the prosecution can prove every element of the predicate act to that high standard, presenting self-defense evidence, challenging the credibility of the complaining witness who may have incentive to exaggerate or lie, and identifying constitutional violations in the arrest or evidence collection. In Hunterdon County specifically, Todd has handled domestic violence cases defending FRO hearings at Family Court in Flemington and criminal prosecutions at municipal courts in Flemington, Readington, Clinton, and Raritan Township and at Superior Court in Flemington. His two decades of trial experience in the most serious criminal cases gives him the skills to effectively cross-examine alleged victims about their credibility, motives, and inconsistencies, understanding that many domestic violence allegations arise from custody disputes, divorce proceedings, or situations where the alleged victim was the initial aggressor. Since the New Jersey Domestic Violence Procedures Manual requires judges to make specific factual findings about each predicate act and the need for protection, Todd meticulously challenges each required element to prevent issuance of a permanent FRO that would affect the defendant’s rights, firearms, employment, and custody for the rest of their life.

Call 212-300-5196.