Trenton Domestic Violence Attorneys
With Offices in Pennington and Trenton, NJ
If police are called to your NJ or PA home for a domestic disturbance, regardless of who made the call, it’s quite likely that one or more people will be taken into custody and potentially charged with domestic violence or another criminal charge by the local prosecutor. If you are the one charged, you may soon be facing a restraining order being filed against you. These issues are complex and are handled by separate courts within each of the states’ judicial systems.
Restraining Order Lawyers Mercer County NJ
If you are facing these issues, it is imperative that you speak with an experienced criminal defense lawyer right away. A restraining order can bar you from your home or seeing your children. Severe penalties for a domestic violence conviction can include prison.
The experienced criminal defense lawyers at Kamensky Cohen & Riechelson can assist you and help you contest your criminal charges and the restraining order. We’ve successfully represented numerous clients in Superior Courts and Municipal Courts throughout New Jersey and Pennsylvania. You have rights and we will work tirelessly to protect them.
What is the Restraining Order Procedure under the Prevention of Domestic Violence Act?
Restraining orders in New Jersey are addressed by the NJ Prevention of Domestic Violence Act of 1991, codified in N.J.S.A. 2C:25-17. The victim and the offender must have previously lived together or been in a close relationship (e.g., spouses, boyfriend and girlfriend, or roommates). Second, the offender must have committed a predicate act of domestic violence:
- Terroristic threats
- Criminal restraint
- False imprisonment
- Criminal Mischief
- Criminal Trespass
- Sexual assault
- Aggravated criminal sexual contact
If sufficient evidence exists that you committed at least one of these offenses, a judge may issue a Temporary Restraining Order (TRO). The TRO will be in place for 10 days. Before the 10 days are up, you must be granted a Final Restraining Order (FRO) hearing. If the criminal charge is a felony-level offense, both of these hearings will take place in superior court, family division. (Less serious disorderly persons offenses will be heard in the local municipal court.)
Although the TRO is fairly easy to obtain, the burden of proof is significantly higher at an FRO hearing. The alleged victim must prove that the parties have a shared history of domestic violence and that one of the parties is in reasonable fear for their safety and wellbeing. Additionally, the alleged victim must prove that the other person committed a predicate act of domestic violence.
The evidence presented at a restraining order hearing often overlaps with the evidence presented during domestic violence criminal proceedings. This provides an opportunity for a skilled domestic violence attorney to challenge the evidence in each of the forums and potentially get both the restraining order and the criminal charges dismissed. Don’t go through this process alone. Make sure the knowledgeable, experienced attorneys at KCR are by your side, protecting your rights.
Call the Experienced Criminal Defense Attorneys at KCR for Assistance with Your Domestic Violence Charges in Pennsylvania and New Jersey
If you’ve been arrested for a domestic violence incident, your criminal charges will be held in the criminal division of thee superior court of the county in which your offense allegedly occurred. Meanwhile, your restraining order hearing will take place in the superior court, family division. As a result of these distinct forums, your case would be best served by a criminal defense lawyer who has experience combating criminal charges and contesting restraining orders in local courtrooms.
The skilled and knowledgeable members of the legal team at Kamensky Cohen & Riechelson have decades of combined experience in NJ and PA courtrooms. We’ve successfully defended countless clients facing domestic violence-related charges. Our clients have also relied on our team to represent them at both temporary and final restraining order hearings. Call us today or contact us online to arrange a free consultation about your domestic violence charges.