When Domestic Violence Charges Are Levied Against You, Get This Powerhouse Criminal Attorney at Your Side ASAP. Sooner Better than Later.
Whether you are the victim or the defendant in a Domestic Violence case, you need information before you make any decisions on how to proceed. Whether a Temporary Restraining Order (TRO) or a Criminal Complaint with a ‘No-Contact’ Order are issued, consult immediately with an experienced attorney. It is critical that you understand the issues and the limitations you are placed under by this type of Court Order (TRO) or Criminal Complaint. If you are a defendant and you violate the conditions imposed, even if it is a mistake and you did not mean to, you will be charged with an additional complaint for Contempt of Court and be locked up at least until you appear in front of a Judge. If you are the victim, you can weaken your position by contacting the defendant. Get the information you need to avoid making the situation worse. Contact Howard W. Bailey, Esq. for a free, no-obligation consultation, and he will help you understand what steps you need to take, and just as important, what steps to avoid.
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 Sexual Intimidation, Domestic Violence, Sexual Harassment or Verbal Abuse), the victim can file both a criminal complaint and a Temporary Restraining Order (TRO) against you. Do not take these conditions lightly.
Violating the Terms of Temporary Restraining Order Can Have Permanant Consequences
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 a Final Restraining Order (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 Domestic Violence charge, consult immediately with an experienced criminal defense specialist. 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.