Defending a New Jersey Domestic Violence Case
Anyone charged with harassment or assault within a domestic context or alternatively served with a restraining order for domestic violence might face serious consequences. First is the possibility of serving time in jail along with gaining a permanent criminal record. Another consequence is that of being prevented from returning home or seeing your children as well as having firearms seized and perhaps even forfeited permanently.
The NJ Domestic Violence Lawyers at Schneider Freiberger offer defense counsel to clients accused of committing domestic violence acts. This could be against partners, spouses, ex-girlfriends, ex-boyfriends, roommates, children and other individuals who suit the ‘domestic violence victim’ definition. It is vital to have an attorney who appreciates the stakes involved in such cases, along with the fact they oftentimes involve convoluted facts. This happens especially when the case being handled deals with matters of divorce. Getting a seasoned criminal defense attorney specialized in domestic violence affairs is an important step in attending to your case scenario. Your lawyer should be trained in handling the various family and criminal issues with competence. It includes simple assault, terroristic threats and harassment, Final Restraining Order (FRO), Temporary Restraining Order (TRO), Restraining Order Violation and Dismissal of Final Restraining Order (FRO). A good lawyer should also help you in setting bail in a Domestic Violence Case and Weapons Firearm Forfeiture.
Applying the Domestic Violence Act against innocent individuals diminishes the suffering of true domestic violence victims, apart from misappropriating the legislative medium developed to afford them protection. Such unfortunate persons end up facing several legal consequences. A domestic violence complaint could occasion assessment of counsel fees and money damages along with other economic repercussions. Use of marital assets, child custody and support as well as other types of emergent relief can also be routinely addressed by such proceedings. Attorneys who are accused of meting out domestic violence could have their practicing license revoked. Violation of a domestic violence order that has been entered carries imposition of criminal penalties along with possible incarceration. This is spelled out by N.J.S.A. 2C:25-30. Attorneys therefore have to adequately prepare their defense for persons falsely accused of practicing domestic violence, given the high stakes.
Your accuser first has to apply for issuance of a restraining order against you, which is normally heard in the Family section of the Court. In the second scenario, your accuser’s local law enforcement agency could file criminal complaint charges against you. The town’s municipal court where the inappropriate conduct happened would then handle such complaint or it might be transferred to the County Prosecutor. It all depends upon how severe are the allegations made. A determination is then reached as to whether the case should continue at Superior Court level. Whichever position you find yourself, whether a defendant in one such proceeding or defending against both circumstances, the ramifications could be dire. You therefore are best served by consulting with a refined team of legal minds, such as the Domestic Violence Lawyers at Schneider Freiberger.
The lawyers at Schneider Freiberger, P.C. have been defending Domestic Violence charges in Monmouth, Ocean, Middlesex, Mercer, Hudson, Essex, Atlantic, and Somerset Counties, just to name a few. We have been helping clients beat their charges all over the State of New Jersey for more than 40 years. Dean I. Schneider, Esquire has more than a decade of experience as a prosecutor combined with more than 40 years’ experience in family law and criminal law, so he understands both sides when it comes to defending against Domestic Violence Charges in New Jersey.
The initial consultation is always free. Call our office today at 732-747-0100 to see how we can help you. You can also contact us by email.
