Monmouth County NJ Domestic Violence Attorneys
On a personal level, domestic violence can wreak havoc on one’s life, sense of security and well-being. It is a frighteningly common issue and legally complex, whether you are the alleged victim or the accused. The accused can be male or female, and the individuals involved need not be married. The New Jersey Prevention of Domestic Violence Act was enacted by the Legislature to protect those individuals “regularly beaten, tortured and in some cases even killed by their spouse or cohabitant.”
A domestic violence proceeding is considered “quasi-criminal,” as the acts that constitute domestic violence are criminal in nature and include:
- Simple Assault
- Aggravated Assault
- Terroristic threats
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Criminal mischief
- Criminal trespass
While the individual acts of domestic violence are defined by the criminal code, the hearing on the issue takes place in the Chancery Division, Family Part, making the proceeding civil in nature and, as such, there is
a lower burden of proof to prove that an act of domestic violence occurred.
Red Bank NJ Restraining Order Lawyers
Once a temporary restraining order is issued by the court, the matter is required to be heard within 10 days. Thus, there is little time for preparation for the final hearing or discovery to be obtained. Despite the quick turnaround time, the implications of a final restraining order can be far-reaching, especially in the case of a divorce or where there are issues of child custody. It is crucial that you contact an attorney immediately should you be involved in any domestic violence case.
If a final restraining order is entered, the court has the discretion to make decisions with regard to custody, parenting time, child support, alimony and counsel fees. The court is also required to order certain monetary sanctions against the defendant. It is also important to be aware that if the defendant contacts the plaintiff after a final restraining order is entered, it is a criminal offense punishable by a mandatory probation term. A second violation is punishable by a mandatory jail term.
Contact a Wall Twp. Domestic Violence Attorney for Immediate Assistance
It is essential to act quickly when involved in a domestic violence incident, as these cases are among the most expediently addressed in New Jersey courts. To discuss your case with an experienced domestic violence attorney, contact the Monmouth County law offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.