For a Domestic Violence Charge, Your Best Defense Begins with a Criminal Defense Lawyer Who Knows How to Fight to Win Domestic Violence Cases. Call Me Today for a No-Obligation Conversation Regarding the Approaches That Might Be Available to You
If you are here today reading this, it is likely that you are either a victim or a defendant in a Domestic Violence Case, involving a TRO (Temporary Restraining Order) or a Criminal Complaint, and sometimes both.
These types of charges often take on ‘a life-of-their-own’ and can impact your daily schedule and your ability to live with the other person, and if you are the defendant, your ability to go home and your ability to see your children.
The most important thing you can do in a DV case, whether you are a plaintiff or a defendant, is to understand what the procedures of the Family Court will be in resolving a TRO, and the procedures of the Criminal Court will be in resolving a Criminal Complaint. Get the information you need to make intelligent decisions before you act, as trying to fix something always takes more time that making the right decisions the first time. You can also make your case stronger by understanding the issues, and how both the Judge and in the case of a criminal complaint the Prosecutor, will look at the TRO and a Criminal charge.
You have a difficult and unsettling series of events ahead of you. As an experienced criminal defense lawyer, I have represented victims of Domestic Violence, and defendants charged with having committed these types of acts. The biggest mistake I see made, regardless of whether you are the victim or the defendant, is deciding to act based on what you think the law is, instead of consulting with a lawyer who has handled many of these types of cases. In these types of proceedings, knowledge is power. Understand your case and your position in it, before you make decisions. Call for a free consultation.
Once given the facts of your case, I may, right out of the chute, argue for dismissing criminal charges in return for counseling or other forms of anger management classes.
As in many aspects of life, experience matters. Call me, and after I understand the facts of your case, I will give you information on how I have resolved cases similar to yours for other clients, so you can better understand the choices you will be required to make as your case proceeds through the Court.
In New Jersey, our Courts are extremely strict on domestic violence charges because the law is set up to protect DV victims. Law enforcement is taught to arrest when they see or hear anything that establishes a basis to believe that Domestic Violence has occurred. If they believe that they have ‘probable cause’, you can be arrested. When that happens with these types of charges, you could be dragged through the Court proceedings over a period of months, perhaps longer.
To be clear, domestic violence does not have to occur between spouses. The term “domestic” applies to any of the following relationships, and “violence” could be physical or threats of physical, or verbal assault as well, in situations involving a:
Someone with whom you share a child
A family member
Parent or child
Live in significant other
Relatives by marriage
I encourage you to call me for a free consultation. If you are the defendant, DO NOT call the victim or anyone representing them to try to “work things out”. Contacting the victim would be a violation of the ‘no-contact’ Order; and, if you are the victim, anything you say can be interpreted and used against what you want to accomplish.
Remember, if you are a defendant, that a temporary retraining order (TRO) or a ‘no-contact order’ in a criminal case are issued by the Court to ensure you have zero contact with the accuser. That means that you cannot answer a call, email or text from the victim, even if they are the one to start the communication. Take a TRO or Order seriously or risk compounding your charges with ‘Contempt of Court’ or domestic violence sanctions. If you own a weapon, you may face restrictions as well.
For more information call our office any time, day or night, at 973-982-1200