Union County Domestic Violence Lawyers

If you’re currently facing any domestic violence matter, you need a team of lawyers who can effectively advocate for your interests. Contact The Mark Law Firm for a free, confidential consultation today so we can discuss the circumstances of your case.

Acts of Domestic Violence

Rule 5:7A requires a showing of “domestic violence” for a temporary restraining order (“TRO”) to be issued.

Essentially, a municipal court or superior court judge must find credible evidence to believe that an act of domestic violence has occurred. The definition of “domestic violence” is contained in New Jersey Statute 2C:25-28 and requires the commission of one or more of the following offenses:

• Homicide N.J.S. 2C:11-1
• Assault N.J.S. 2C:12-1
• Terroristic threats N.J.S. 2C:12-3
• Kidnapping N.J.S. 2C:13-1
• Criminal restraint N.J.S. 2C:13-2
• False imprisonment N.J.S. 2C:13-3
• Sexual assault N.J.S. 2C:14-2
• Criminal sexual contact N.J.S. 2C:14-3
• Lewdness N.J.S. 2C:14-4
• Criminal mischief N.J.S. 2C:17-3
• Burglary N.J.S. 2C:18-2
• Criminal trespass N.J.S. 2C:18-3
• Harassment N.J.S. 2C:33-4
• Stalking N.J.S. 2C:12-10

Where a reasonable basis exists to believe that one or more of the above-mentioned offenses have occurred, a TRO shall be granted. The TRO shall bar any contact between the parties, and failure to obey the restraining order shall result in a criminal violation. Thereafter, if sufficient credible evidence has been presented at the final restraining order (FRO) hearing, the Superior Court will issue a FRO against the defendant, either continuing or modifying the restrictions set forth in the TRO.

In addition to the domestic violence complaint based on any of the above predicate acts, the accused will also be subject to criminal charges for the underlying act that was allegedly committed. These criminal charges will be handled separately, either at the municipal level or by the Superior Court, depending on the offense committed.

Kidnapping Charges in New Jersey

Kidnapping, carjacking, and false imprisonment are very serious crimes, especially when they are taken and held for ransom. When these crimes occur, along with another violent crime, the penalties are very severe if convicted.

N.J.S.A. 2C:13-1 defines kidnapping as moving someone against her will and taking her to another location. Usually, a kidnapped victim is moved and held for ransom, could be held for sex, torture, threats of bodily harm, or for the exchange of something or someone else. This charge is very serious and requires immediate and competent representation through The Mark Law Firm criminal defense team.

Kidnapping is a 2nd Degree crime if the victim is safely freed from captivity, and if convicted, it will result in up to 10 years in State prison. Conversely, Kidnapping in the 1st occurs if the victim is freed by force from someone other than the kidnapper or by escape. A 1st degree kidnapping conviction may lead to 20 years in State prison.

Kidnapping is an indictable offense, but is enhanced if the victim is under 16 years of age, or if another crime is committed simultaneously with the kidnapping. The enhanced penalty may be as high as 25 years in Prison, with no parole, or 25 years to life with no possibility of parole within the first 25 years.

Have You Been Accused of Domestic Violence?

If you have been accused of domestic violence, it is critical to have an experienced attorney on your side to protect your legal rights. Failing to respond or to adequately respond will lead to an FRO being issued against you. An FRO can have lasting effects on your personal and professional life. If an FRO is issued, you will be required to submit your fingerprints, and you will also be listed in the Administrative Office of the Courts registry for domestic violence offenders with restraining orders. Additionally, you will be required to forfeit your rights to own a firearm and may be required to surrender other weapons in your possession. Most importantly, you can be required to vacate your home, and you may face significant restrictions that limit your rights to and contact with your children.

Domestic violence is a unique area of family law, in which you may be required to defend yourself against accusations with very limited time to prepare. If a TRO has been issued against you, an FRO hearing must be held in Superior Court within 10 days of the issuance of the TRO. It is vital to obtain experienced representation for such a hearing. Without proper preparation and representation, you subject yourself to a greater risk of the severe and permanent restrictions of an FRO.

Are You a Victim of Domestic Violence?

Domestic violence is a crime. If you are in immediate danger, call the police. They will inform you about how you can obtain the legal protections that are put in place to protect you. As a victim of domestic violence, you have the right to ask a judge to issue a temporary restraining order (TRO), which may help protect you from further abuse. A TRO can stipulate that the abuser is temporarily forbidden from (1) entering the home, (2) having contact with you or your relatives, including the children, and/or (3) bothering you at work. A TRO can also provide for temporary custody of your children and require the abuser to pay temporary support. You can obtain a TRO by contacting the police or the Family Part of the Superior Court in your county during regular business hours.

In some cases, the police are required to file a criminal complaint against the abuser. If the police do not file a criminal complaint, you also have the right to do so.

Our team has experience prosecuting restraining orders against abusers, and we know what the judge and the law require as proof in order to issue a restraining order. If you are a victim of domestic violence, you need to act quickly to protect your own physical and mental health, as well as the health and safety of those you love. For assistance in obtaining a TRO or a Final Restraining Order (FRO), call The Mark Law Firm. Our domestic violence lawyers can start protecting you from the moment you call our office.

Contact Our Domestic Violence Lawyers in Union County

Don’t face a domestic violence matter without a skilled team of lawyers in your corner. The Mark Law Firm has decades of experience representing both victims and those accused of domestic violence, and we’re here to put that experience to work for you. Contact us today.