Domestic Violence Attorneys in Woodbridge Township
Whenever someone files a domestic violence complaint in Woodbridge, a decision must be made as to whether a temporary restraining order should be issued in order to insure their protection. In order for the restraining order to be filed, the court must find that there is probable cause to believe that the defendant committed an assault or other act of domestic violence. Unfortunately, this decision has very little to do with what the accused has to say and all about what the arresting police officer and “victim” alleges.
If you are the subject of a restraining order in Woodbridge, your case is probably scheduled for a hearing at the Family Division of the Middlesex County Superior Court in New Brunswick. The outcome of this proceeding will determine whether the restraints become final (a.k.a. permanent) or you will be permitted to return to your home, see your children without court imposed limitations, or communicate with the victim. Our attorneys have excellent trial skills and experience defending restraining orders in Woodbridge Township and at the Superior Court. If you have been charged with domestic violence and need represent, call our office at 732-634-0700 for immediate assistance.
New Jersey Domestic Violence Act
As previously stated, a restraining order cannot stand unless there is a finding that the accused committed domestic violence. This occurs where the accused commits an offense like simple assault, aggravated assault, terroristic threats, harassment, or stalking on the plaintiff. The second hurdle that must be cleared is a finding that a temporary or final restraining order is necessary in order to protect the victim. In most cases, this will be predicated upon the existence of legitimate fear of continued acts of domestic violence. Entry of a restraining order bars the defendant from having any contact at all with the victim. This means no communication whatsoever. This will prevent the defendant from returning to any residency of the victim and this is the case whether or not it is also the home of the accused. You also cannot possess or have any access to weapons, including firearms. All your weapons will be seized by the Woodbridge Police Department following issuance of a restraining order. The last restraint worth mentioning is contact with the children of the relationship. A temporary restraining order will often cut off all contact and, a loss at the final restraining order hearing, typically restricts access and communication permanently.
Woodbridge Township Final Restraining Order Attorney
All too many times we are contacted by panicked defendants who have made the mistake of appearing at a restraining order hearing without an attorney. They have been left without access to their home, children and in fear of being arrested as a result of false allegations by the plaintiff. The truth is that it takes little more than a telephone call to get you arrested once a restraining order goes final. What should be apparent more than anything from all of this is that you absolutely have to mount your best defense with a knowledgeable lawyer at your side in the first instance. Call us for immediate assistance before things get too deep. We can be reached 24/7 at 732-634-0700.