New Jersey Domestic Violence Restraining Order Attorney
When someone with whom you’ve had a marital or dating relationship files a complaint against you claiming you committed a crime against him or her (such as Assault, Criminal Mischief, or Harassment), the victim can file both a criminal complaint and a Temporary Restraining Order (TRO) against you.
If you are charged with a crime of Domestic Violence, served with a Temporary Restraining Order (TRO) or both, consult immediately with an experienced criminal defense lawyer. Contact Howard Bailey at 973-982-1200 for a free consultation.
Defending a Domestic Violence Charge
In many cases, a client is charged with a criminal complaint and a TRO. This requires appearances in two different Courts, as the Restraining Order is heard in Family Part of the Superior Court and the criminal complaint is heard in either the Municipal Court or the Criminal Part of the Superior Court.
In a recent case, Howard Bailey represented a client charged with both types of complaints. After 4-days of testimony the Judge denied the issuance of a Final Restraining Order (FRO); and after several appearances in the Municipal Court the criminal complaint was dismissed by that Court. If you are charged with both a criminal offense and a TRO, it is important to remember that just because one is dismissed, does not mean that the other will be. Each must be defended separately because they are heard in different types of Courts.
Violating a TRO Can Impact the Defense of the Criminal Charge
A Temporary Restraining Order sets the conditions that will limit what you can do until the Judge decides whether to dismiss the action or issue an FRO. If you violate the conditions set in the Order you will be charged with Contempt of Court, and that complaint will be dealt with after the Judge decides the issue of whether to issue the FRO. Even if the Judge dismisses the TRO, you can be found guilty of Contempt of Court. This finding can be used by the prosecutor in the criminal case to impeach your credibility. The Judge can use it to decide that a minimal sentence is not sufficient to enforce your compliance with the conditions for you to be released, and an additional jail sentence can be imposed.
If you are facing any type of DV charge, consult immediately with an experienced criminal defense specialist. Contact Howard Bailey at 973-982-1200 for a free consultation.