Edison Restraining Order Lawyer
Domestic Violence Defense Attorneys in Middlesex County, New Jersey
Domestic violence is a category of serious crimes that are not to be taken lightly. Restraining orders often accompany domestic violence charges and can seriously interfere with your ability to freely interact with your own children, live in your own residence, and legally own guns. In New Jersey, a conviction for a domestic violence offense includes penalties such as incarceration and all of the other inconveniences and reputational harm that result from a criminal record. Additionally, a permanent restraining order may be entered against you which can impact how you live the rest of your life.
At Proetta & Oliver, our Middlesex County NJ restraining order lawyers represent clients who have been charged with domestic violence toward family members such as spouses, partners, and children, as well as former dating couples and members of the same household. Our Edison office is conveniently located to assist clients in New Brunswick, Woodbridge, Piscataway, Old Bridge, Perth Amboy, and throughout Middlesex County. If you have been charged with a domestic violence criminal offense or are facing a restraining order in Middlesex County, contact us today for a cost-free consultation about your specific case: (732) 659-9600. Let us put our knowledge and experience to work for you.
Experienced Defense for Clients Accused of Domestic Violence
We fight tirelessly for clients in restraining order cases on a regular basis. For instance, one of our clients described their experience like this:
“I’ll start off by saying that I was represented by Mr. Proetta and my case was dismissed! From my initial phone conversation, I knew that he was the right choice so decided to retain him…I was the defendant in a restraining order case which was extremely stressful for me. This was my first time being involved in this type of case so I was ignorant to the process but he made it as comfortable as possible. He was honest about how things appeared, extremely thorough and reassured me during the entire case…which lasted nearly a month. Naturally I had a ton of questions and he answered them all! Again, highly recommended!” – Shari
You can read more reviews from former clients on Avvo.com and contact us anytime for a free consultation about your restraining order case.
Restraining Order Defense Lawyer in New Brunswick NJ
Middlesex County domestic violence attorney and founding law firm member William Proetta handles domestic violence issues like yours, including:
- Simple assault
- Aggravated assault
- Terroristic threats
- Temporary restraining orders (TRO)
- Final restraining orders (FRO)
- No Contact Orders
- Violations of restraining orders
- Vacating final restraining orders
- Setting bail in domestic violence cases
What is the Prevention of Domestic Violence Act (PDVA)?
New Jersey’s Prevention of Domestic Violence Act (PDVA) exists to protect victims of domestic violence by helping them gain access to the judicial system through a prompt response when they are in danger. Finding that the domestic nature of abuse sometimes impacts the response of law enforcement officials and even the judicial system, the New Jersey legislature enacted the PDVA to emphasize and direct the role of the police and court system in enforcing the law and providing victims with needed protection.
The PDVA sets forth 19 specific offenses under New Jersey criminal law, which constitute acts of domestic violence under the Act including homicide, sexual assault, assault, criminal sexual contact, terroristic threats, false imprisonment, criminal restraint, burglary, robbery, criminal trespass, stalking, harassment, cyber harassment, criminal coercion, contempt of a domestic violence order, lewdness, kidnapping, criminal mischief, or any crime that involves a risk of serious bodily injury or death.
Under the Act, when a police officer responds to a call for one of the above listed offenses in a domestic situation, they must complete a domestic violence offense report and document when the incident occurred, how many domestic violence calls from the parties have been investigated, if there are children involved and whether they witnessed the alleged domestic violence, the nature and extent of the abuse, if weapons were involved and how many, what actions were taken by the police officer, if there are prior domestic violence orders concerning the parties, and any other relevant information.
If the victim of the offense qualifies as a victim of domestic violence under the PDVA, they may seek a restraining order and file a criminal complaint against the offender.
What Happens in a Domestic Violence Case in New Jersey?
Restraining orders. Typically, the alleged victim in a domestic violence case will seek a restraining order in addition to pressing criminal charges. Once filed and approved, restraining orders contain specific provisions or consequences. Before a temporary restraining order becomes a final restraining order, you have the right to defend your innocence in court. If a final restraining order is entered, violation of a restraining order for any reason is a criminal offense unto itself and can be accompanied by incarceration and other penalties.
Courts. Depending upon the severity of the charges involved as well as the circumstances surrounding the incident, cases involving domestic abuse in New Jersey can be heard in two different manners. If an indictable offense is involved, the case will be heard in Middlesex County Superior Court located in New Brunswick. If the allegations involve a disorderly persons offense, then the prosecutor will prosecute the case in the municipal court with jurisdiction over the location of the incident.
Speak with a Woodbridge NJ Restraining Order Attorney Today
At Proetta & Oliver, our attorneys understand the nuances involved with domestic violence restraining order cases. We have delicately and successfully handled many types of domestic violence matter across Middlesex County. There are often many facts, personalities, and conditions involved in these matters that offer the potential for a strong legal defense. If you or your loved one is facing a restraining order and/or domestic violence charges, please feel free to discuss your specific situation with our attorneys. Initial consultations are always provided free of charge. Call our office at (732) 659-9600 anytime to get your questions answered.