Piscataway NJ Domestic Violence Attorney
A complex variety of charge that is often encountered in Piscataway Township is domestic violence. While this term is often used as if it were a specific criminal offense, that is not accurate. The phrase refers to a umbrella of potential criminal charges, as well as proceedings involving restraining orders. If you are the subject of a temporary restraining order and need representation at a final restraining order hearing or have been charged with domestic violence criminal offense, an attorney at our firm is well equipped to defend you.
The lawyers at the Law Offices of Jonathan F. Marshall possesses unique qualifications to ensure your success, including a:
- Former Piscataway Prosecutor
- Former Middlesex County Prosecutor
- Certified Criminal Trial Attorney
- Over 150 Years of Experience Handling Domestic Violence Cases
- Thousands of Domestic Violence Successfully Defended
Both our Piscataway Office and New Brunswick Office are conveniently located to serve those faced with domestic violence in Piscataway Township. You can call us at 732-562-0308 to reach a lawyer immediately. Do not hesitate to obtain the domestic violence advice you are seeking by contacting us since initial consultations with our attorneys are free.
Domestic Violence Criminal Charge in Piscataway Township
There are seventeen (17) criminal charges that New Jersey categorizes as domestic violence when it is committed against someone protected by the Prevention of Domestic Violence Act of 1991. The offenses that arise most often in this context in Piscataway are assault (e.g. simple assault or aggravated assault), harassment, terroristic threats, criminal mischief, criminal coercion, burglary and stalking. A domestic violence criminal charge can expose you to a variety of consequences depending on the grade of offense and your immigration status.
A disorderly persons offense for simple assault, harassment or another violation within this grade falls within the jurisdiction of the Piscataway Municipal Court and exposes you to up to 6 months in jail and a fine that can reach $1,000.
If you are charged with aggravated assault, burglary, stalking or terroristic threats, these are indictable felonies that can only be resolved at the Middlesex County Superior Court. A fourth degree crime carries up to 18 years in prison and up to a $10,000 fine. The period of imprisonment is up to 5 years and the fine can reach $15,000 for a third degree crime. A second degree crime can land you in prison for 5-10 years in prison and result in a fine of up to $15,000.
Piscataway Restraining Order
If the accused and the “victim” were in a dating relationship, married, resided together or share a child in common, there is jurisdiction for issuance of a temporary restraining order. It is important to keep in mind that the accused/defendant generally has no input into the probable cause for issuance of a restraining order. A judge simply listens to the facts concerning what is alleged and, provided he or she concludes that there is a reasonable basis to believe an act of domestic violence has occurred, a temporary restraining order is entered. This relief bars any contact with the victim, including person to person, telephone, internet or even indirect communications (e.g. through intermediaries). A final restraining order hearing is typically conducted within within two weeks thereafter at the Middlesex County Superior Court, Family Division. This is the forum where the defendant gets to contest the allegations of the accuser. At the conclusion of the final restraining order hearing, the judge must determine whether an act of domestic violence occurred and, if so, whether permanent restraints are necessary to protect the victim.
Violation of a Restraining Order (a.k.a. Contempt) in Piscataway
Criminal contempt resulting from a failure to comply with the conditions of a final restraining order is another form of domestic violence that arises in Piscataway. This charge is also referred to as a restraining order violation. When an individual calls, texts, emails or engages in any other contact in violation of a restraining order, they may be charged with contempt. It is a fourth degree crime to violate a temporary or final restraining order. You should also know that there is a period of parole ineligibility (a.k.a. mandatory minimum term of incarceration) of at least 30 days for a second conviction for violating a restraining order.
Restraining Order Lawyers in Piscataway
Piscataway is not unique when it comes to restraining orders. In fact, it may actually encounter this issue more than most Middlesex County municipalities given the presence of Rutgers University. If you were served with a temporary restraining order, arrested for violating a restraining order or have any case involving this area of law, the lawyers at the Marshall firm have what you need. With well over 100 years of collective experience defending domestic violence disputes, including restraining order hearings in New Brunswick, our attorneys have the tools to provide the protect required. To discuss your charge with an attorney immediately, call our office in Piscataway at 732-986-9922.