Domestic Violence and Restraining Orders


domestic violence, restraining orderDomestic Violence cases in NJ often result in you being charged with both criminal charges, and a Restraining Order being issued against you. A prior history of Domestic Violence between the parties can be used in a variety of ways by the police and the Judge to support why the charges or limits on contact need to be enforced. If the victim is not willing to press charges, the police are required to file them if they believe there is probable cause to establish that you were the person responsible for causing the harm to the victim. If the victim is not willing to request a restraining order, the Judge can issue restrictions on your release separate from a Restraining Order, imposing the same type of conditions a Restraining Order does (such as no contact with the victim or others involved, you prohibited from returning to the scene, etc.). Failure to abide by the restrictions can result in additional criminal charges for contempt of court, and immediate incarceration.
If you have been charged with a domestic violence crime, please seek an experienced criminal defense attorney as soon as possible, and please do not offer excuses to the police. They are on the side of the law. And although they may posture as a sympathetic  sounding board for your argument, what you say to them can be held against you in a court of law.
If you have been arrested for domestic violence, or are under investigation for same, or have had a restraining order filed against you, contact my office for a free consulation on the steps that can best serve you in this very sensitive and contentious time.
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102
973-982-1200#domesticviolence   #restrainingorder   #criminaldefense