Finding A Resolution To Domestic Violence Charges
Few things have a worse effect on your reputation than an accusation of domestic violence. If you have been accused of domestic violence, you must respond swiftly to defend yourself. At the Law Offices of James A. Abate, our experienced attorneys understand the importance of the right legal defense to these allegations. With over 30 years of combined legal experience, they have the knowledge and skill to see you through this process while fighting to protect your reputation, defending you against criminal charges, and responding to a restraining order.
What Does New Jersey’s Domestic Violence Law Include?
Many people are surprised at the wide range of actions defined as domestic violence under New Jersey law. You do not have to be married and you do not even have to physically touch someone. Domestic violence can involve current or former spouses, household members, romantic partners, or parents of the same child. Most often, domestic violence forms a pattern of abuse over time. The actions can include physical, verbal, emotional, or sexual abuse, such as:
- Harassment, including cyber harassment
- Terroristic threats
- Sexual assault
- Criminal trespass and stalking
- Kidnapping and false imprisonment
- Criminal mischief
The penalties for domestic violence charges can range from probation to prison sentences, depending on the situation and the underlying actions.
Challenging A Restraining Order
When someone makes an allegation of domestic violence, the court will often issue a temporary restraining order (TRO) against the accused, which is separate from the criminal charges. A TRO is often followed up by a separate administrative hearing for a permanent restraining order, usually about 10 days later. A restraining order may prevent you from:
- Communicating with the alleged victim in any way
- Coming within a certain distance of the alleged victim
- Having contact with your children
- Living in your home if you share the home with the alleged victim
- Possessing firearms or other weapons
These are just a few examples of conditions a restraining order may cover. At the restraining order hearing, you will have the chance to tell your side of the story and introduce any evidence to support your claim. At the Law Offices of James A. Abate, we know how to challenge restraining orders and present your case in the best light possible.