Hunterdon County Domestic Violence Lawyers
Have you been served with a restraining order or charged Domestic Violence related offence In Flemington, Raritan, Clinton Township, Readington or elsewhere in Hunterdon County?
Whether its defending a restraining order, a simple assault offense in a local municipal court or an indictable crime such as aggravated assault at the Hunterdon County Superior Court in Flemington, New Jersey, a domestic violence matter can be complicated with rather high stakes. If you don’t defeat a temporary restraining order, you could end up with a permanent displacement from your home, as well as other life changing repercussions. A domestic violence criminal charge for harassment, terroristic threats or another violation can have far-reaching ramifications, including a criminal record, incarceration and other penalties.
The Prevention of Domestic Violence Act in Hunterdon County New Jersey
The New Jersey Prevention of Domestic Violence Act is set forth at N.J.S.A. 2C:25-17. It provides a list of protections to individuals, including the ability to secure a restraining order. That said, eligibility for relief is limited to victims who are: (1) the spouse or former spouse of the defendant; (2) present or former boyfriend or girlfriend of the defendant; (3) dated the victim; (4) resided with the defendant; or (5) share a child in common with the defendant. If the victim has standing in the form of one of these 5 relationships, they may seek a temporary restraining order in the event that they have been assaulted, harassed, terrorized or otherwise subjected to domestic violence by the accused. Customarily, a temporary restraining order is issued right away after a domestic violence police call in Flemington, Clinton, Readington, Raritan Township or elsewhere in Hunterdon County. If officers conclude, based on the allegations of the victim and the evidence at the scene, that probable cause exists that “domestic violence” has occurred, then they can call a judge to request that a temporary restraining order be issued.
Domestic violence is defined as one of these acts committed against a qualifying victim:
Simple Assault or Aggravated Assault
Criminal Sexual Contact
Contempt of a domestic violence order according to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
Any other crime that involves risk of death or serious bodily injury to a person protected under the “Prevention of Domestic Violence Act of 1991”
More About Being Charged with Domestic Violence Crimes
On top of the temporary restraining order, the police can arrest the accused and file an additional criminal charge in the event that they find probable cause to believe that laws have been violated. An individual can face two parallel proceedings when this occurs. A restraining order hearing takes place at the Family Division of the Hunterdon County Superior Court in Flemington. Concurrently, an independent criminal proceeding at either the county courthouse or a local municipal court like the one in East Amwell, Tewksbury, Lambertville, Union Township or Bethlehem.
Domestic Violence Defense Lawyer in Flemington New Jersey
Don’t ever underestimate the ripple effect that a domestic violence charge can have in a person’s life. Spodek Law Group has a team of veteran domestic violence attorneys with the ability to provide maximum protection against a final restraining order or criminal charges arising out of allegations of domestic violence. Contact our offices today to speak to a highly knowledgeable attorney about your case.