Princeton NJ Domestic Violence Lawyer
Temporary Restraining Order Attorney in Princeton New Jersey
Allegations of domestic violence arise everywhere in New Jersey, including an affluent municipality like Princeton New Jersey. In fact, all it really takes for someone to be arrested for domestic violence is for police to be called and a victim being convincing enough to have them believe that an assault, harassment or some other abuse has taken place. The result is the accused being charged with a criminal offense and/or served with a temporary restraining order. There is no question that a domestic violence lawyer is needed when such a situation arises since the stakes in either case are significant.
The consequences of a incident of domestic violence typically require representation by a skilled defense attorney in two contexts. The actor is subject to a criminal charge in either Princeton Municipal Court (i.e. if the violation is a disorderly persons offense) or at the Criminal Division of the Mercer County Superior Court (i.e. if the offense is a fourth, third, second or first degree crime). The accused is usually also faced with a final restraining order hearing that takes place at the Family Division of the Superior Court in Trenton.
If you are facing a domestic violence offense for simple assault in Princeton or some other allegedly abusive act, the lawyers from the Law Offices of Jonathan F. Marshall have more than 100 years of collective experience defending people in the Princeton Municipal Court and in the Mercer County Superior Court against domestic assault, restraining orders and other issues related to allegations of domestic violence. All of our criminal attorneys have extensive knowledge in defending charges like the one you are facing and are also highly familiar with the court system. A lawyer is available when you need us, 24 hours a day and seven days a week, simply by contacting our Princeton office at (609) 683-8102 for a free consultation.
Defending A Restraining Order Issued In Princeton New Jersey
What starts out as a criminal matter in a municipal court or superior court can quickly escalate into a domestic violence incident with far-ranging complications beyond the penalties associated with a criminal conviction. When the victim is among the class of individuals protected by the New Jersey Prevention of Domestic Violence Act at N.J.S.A. 2C:25-19, they are given the option of obtaining a restraining order. An individual has this right if the accused is their:
| Spouse and former spouse | Boyfriend or ex-boyfriend |
| Girlfriend or ex-girlfriend | Sibling |
| Child | Someone they dated |
| An individual with whom they share a child | Present or former household member |
Judges can issue a temporary restraining order directing you to remain away from the victim, including a prohibition against returning home if you and the victim reside together. Courts also have the authority to grant custody of children and award child support to the victim of a domestic violence incident.
A prerequisite to issuance of a restraining order is a finding of probable cause to believe that domestic violence has occurred. This takes place when a judge, after listening to the allegations of the victim, as well as what may have been related by the police, finds reason to believe that an offense listed in N.J.S.A. 2C:25-19 committed against the victim by the accused, including:
- Simple Assault – N.J.S.A. 2C:12-1a
- Aggravated Assault – N.J.S.A. 2C:12-1b
- Terroristic Threats – N.J.S.A. 2C:12-3
- Harassment – N.J.S.A. 2C:33-4
- Stalking – N.J.S.A. 2C:12-10
Penalties and Consequences of Princeton NJ Domestic Violence
Domestic violence cases are complicated by the fact there are proceedings going on in separate courts. The original criminal charge is handled in Princeton Municipal Court if it is a disorderly persons offense or a petty disorderly persons offense. These are the equivalent of misdemeanors in other states, but they are serious criminal offenses. If the criminal charge is an indictable offense, which is a felony in other states, your case will be handled in the Mercer County Superior Court.
The criminal court imposes fines and other punishment if you are convicted. For example, if you are convicted of simple assault, it is a disorderly persons offense punishable by up to six months in the Mercer County Correction Center and a fine of up to $1,000.
You could face additional criminal charges and penalties if you violate a restraining order. A violation is a criminal contempt and an indictable offense of the fourth degree for which you could be sentenced to serve up to 18 months in prison and ordered to pay a fine of up to $10,000.
Princeton NJ Restraining Order Attorney
Criminal charges giving rise to a domestic violence incident can have serious consequences, including a permanent criminal record. A Princeton NJ domestic violence attorney from the Law Offices of Jonathan F. Marshall has the experience and legal knowledge to be capable of aggressively and successfully defending you against such as matter, as well as a related restraining order. The staff of accomplished defense lawyers includes former prosecutors and public defenders who have honed their craft over decades. A lawyer is available immediately to review the circumstance of your arrest and to advise you as to how we can effectively defend your charges. Attorneys are available 24/7 at (609) 683-8102 for a free consultation.