When a relationship goes bad, emotions and tempers often run high and people may make poor decisions and even act out in an abusive manner. When this happens, domestic violence charges are an all too common occurrence, not to mention restraining orders. Whether it is the result of your own poor judgment or that of your partner, the consequences are undesirable. If you find yourself in this position, the counsel of an experienced domestic violence attorney is invaluable in helping you get your life back on track. The Newark NJ Law Office of Marshall, Bonus, Proetta & Oliver offers the qualified legal counsel you require in a domestic violence situation.Many domestic violence charges fall under disorderly persons or petty disorderly persons offenses. They are typically acts of terroristic threats, kidnapping, false imprisonment, endangering the welfare of a child, sexual assault, harassment, criminal mischief, simple assault and restraining order violations. The offender usually receives a summons to appear in municipal court, and a conviction may result in up to 6 months of jail time. Alternatively, the offender may receive an arrest warrant for a more serious indictable offense, such as stalking, terroristic threats and aggravated assault. In these cases, the punishment depends on the degree of severity. New Jersey law identifies actions as domestic violence when they involve family members or people who have been in a relationship. Our attorneys handle all domestic violence related matters and have provided the following resource topics for your assistance:
- Temporary Restraining Orders
- Final Restraining Order Hearings
- Vacating a Final Restraining Order
- Violation of a Restraining Order
We are equipped to assist you in the defense of restraining order proceedings, as well as related criminal charges. You can call us anytime 24/7 for immediate assistance from an experienced defense lawyer including one of our former prosecutors. Our lawyers have extensive experience in domestic violence related cases in towns like Newark, Bloomfield, South Orange, Belleville, Cedar Grove, Nutley, Irvington, East Orange and Glen Ridge.
Final Restraining Order Lawyers in Essex County NJ
When an incident of domestic violence occurs outside of regular business hours, for example, at night or on the weekend, the police must contact a Superior Court Judge by telephone in the event that the “victim” requests entry of a Temporary Restraining Order. If the request is made during regular business hours, the complaint is taken by the Essex County Domestic Violence Unit and the victim is thereafter brought before a Family Court Judge to determine whether temporary restraints should be issued. The contact information for the unit is as follows:
Essex Domestic Violence Unit
Wilentz Justice Complex
Room 1251, 12th Floor
212 Washington Street
Newark, New Jersey 07102
Office Hours: 8:30 a.m. to 4:30 p.m.
In the event that restraining order is issued, a Final Restraining Order Hearing is typically scheduled within ten (10) days at the Essex County Superior Court, Newark NJ. This is a civil matter and, at the final hearing, the accused has his/her opportunity to contest the allegations by presenting their own testimony, evidence and to cross-examine the complainant/victim. Since a prerequisite to issuance of a restraining order is a finding that the defendant committed a simple assault, harassment or another offense against the complainant, there are often criminal proceedings that also take place. The end result is often that someone accused of domestic violence is forced to defend both civil proceedings in the Family Division but also a criminal charge in either Municipal Court or the Criminal Division of the Superior Court.
Restraining Order Defense Attorneys, Newark NJ
Domestic violence convictions carry heavy penalties and have collateral effects. An offender may lose custody of his/her children and even the right to visitation, as well as the legal right to own a firearm. Plus, the resulting criminal record may interfere with obtaining future employment. If you’ve been accused of domestic violence, it’s imperative that you select a qualified firm with the necessary resources to avoid these grave consequences. At The Law Offices of Marshall, Bonus, Proetta & Oliver we have the expertise and knowledge of the Essex County court system and the domestic violence laws needed to mount a successful defense against your domestic violence charges. We work hard to reduce your charges or completely eliminate them. Don’t hesitate to contact The Law Offices of Marshall, Bonus, Proetta & Oliver in Newark if you are facing allegations of domestic violence arising anywhere in Essex County.