East Brunswick Domestic Violence Attorneys
A domestic violence charge perhaps more so than any other offense one can commit in East Brunswick has the potential to turn your life upside down. Apart from the fact that those charged with domestically violent acts often face criminal charges related to assault or harassment, they also frequently face family court restraining order proceedings. The criminal act constitutes an act of domestic violence that can entitle the victim to a temporary restraining order. The family court hearing is to determine whether the restraining order shall become final or permanent. It should therefore be readily apparent just how devastating allegations of domestic violence can be to your life. So if you have been charged with an act that falls within the ambit of the Domestic Violence Act, you cannot afford to be without the best representation possible to fight both the criminal aspects of your case and the restraining order proceedings. The attorneys at the Law Offices of Jonathan F. Marshall include several former prosecutors and a defense team with over 100 years experience defending domestic violence cases. Call our East Brunswick Office today for immediate assistance at 732-227-1200.
New Jersey Domestic Violence Law
In order for the State to establish a case in domestic violence suits, they have the burden of proving two elements. First they must show that the accuser is a member of a class protected by the act. This only applies to three categories of persons. The “victim” must have: (1) been a spouse, former spouse, or current or former household member of the defendant; (2) a child in common, anticipate having a child in common or are pregnant with a child of the defendant; or (3) had a prior dating relationship with the defendant (i.e. typically more than a single date although courts are directed to interpret this term liberally). Secondly, the State must show that a domestically violent act occurred. This refers to the following crimes that fall within the ambit of the Act:
- simple assault
- aggravated assault
- criminal restraint
- sexual assault
- criminal sexual assault
- criminal mischief
- criminal trespass
- terroristic threat
While for a criminal charge to stick the State must prove a case beyond a reasonable doubt, for a civil case, the standard is a preponderance of the evidence. This means that conceivably you could be acquitted of any criminal wrongdoing and still have a jury find that it is more likely than not that you committed the act and have a restraining order placed on you.
This is why in every domestic violence case, your primary concern and your attorney’s primary concern should be to fight for your rights as to the restraining order, namely do their best to make sure that whatever was entered in a temporary restraining order against you does not go into a final (permanent) restraining order. Otherwise, you run the risk of permanently (1) being barred from returning to the house, apartment or residence you occupied with the victim; (2) precluded from owning or possessing any firearms or other weapons; (3) limited in your custody and/or visitation with the children of the relationship; and (4) obligated to provide financial support.
East Brunswick NJ Restraining Order Lawyer
While all of this may serve to paint a bleak picture, do not think that there is nothing that can be done for you. Here at the Law Offices of Jonathan F. Marshall, we believe that we are not just competent domestic violence attorneys, but the best that you can obtain in the state. With over 100 years of collective experience and a staff that includes many former prosecutors, we know the ins and outs of the State’s case and how best to preserve your rights. So please, if you or a loved one has been charged with a domestically violent act in East Brunswick, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.