New Jersey Domestic Violence Lawyer
Family Violence Attorney in Hamilton, NJ Defends Clients Accused of Domestic Violence in Mercer County, Middlesex County, Ocean County, and Throughout NJ
At Hartman Duff, LLC, our experienced New Jersey Domestic Violence Lawyer take these allegations extremely seriously. It is important to remember that once the criminal justice system is involved, your situation is no longer a private family matter. Having a skilled domestic violence lawyer by your side can be key to reaching a favorable outcome. A trusted New Jersey Domestic Violence Lawyer is ready to put the full weight of our substantial experience and resources to work in your case.
The New Jersey criminal justice system also takes allegations of domestic violence extremely seriously. Domestic violence cases are particularly stressful for all parties because they involve uniquely heightened emotions in addition to the potential for serious jail time, monetary fines, and a lasting criminal record.
Because domestic violence is such a broadly defined term, the prosecution has substantial leeway to impose charges if there is any evidence of:
- Physical abuse
- Sexual abuse
- Threats of violence or harm
- Psychological abuse
- Economic abuse
Our dedicated New Jersey Domestic Violence Lawyer at Hartman Duff, LLC are known for both our compassion and our experience. We will work with you to form a strategic solution that best suits the specific facts of your situation. Contact our New Jersey Domestic Violence Lawyer if you have been arrested for domestic violence or if it has occurred in your household.
Acts of Domestic Violence Under the NJPDVA
The New Jersey Prevention of Domestic Violence Act was enacted to protect spouses, ex-spouses, romantic partners (past and current), children, the parent of your children, and other family members from domestic violence within the household. Under the NJPDVA, the following are treated as domestic violence offenses:
- Assault under N.J.S.A. 2C:11-1
- Burglary under N.J.S.A. 2C:18-2
- Criminal Mischief under N.J.S.A. 2C:17-3
- Criminal Restraint under N.J.S.A. 2C:13-2
- Criminal Sexual Contact under N.J.S.A. 2C:14-2
- Criminal Trespass under N.J.S.A. 2C: 18-3
- False Imprisonment under N.J.S.A. 2C:13-3
- Harassment under N.J.S.A. 2C:33-4
- Homicide under N.J.S.A. 2C:11-1
- Kidnapping under N.J.S.A. 2C:13-1
- Lewdness under N.J.S.A. 2C:14-4
- Robbery under N.J.S.A. 2C:15-1
- Sexual Assault under N.J.S.A. 2C:14-2
- Stalking under N.J.S.A. 2C:12-10
- Terroristic Threats under N.J.S.A. 2C:12-3
- Contempt of any domestic violence order under N.J.S.A. 2C:29-9(b) that constitutes a crime or disorderly persons offense
Cyber-harassment and any other type of crime that would involve a risk of death or bodily injury are also punishable under the domestic violence law.
Whether you are the victim or the alleged accused, it is critical to have an experienced domestic violence lawyer in your corner if any of these charges are involved. In most domestic violence cases, a restraining order is only the beginning. You may then face serious criminal charges that can result in prison time, financial penalties, reputational damage, and a permanent criminal record.
At Hartman Duff, LLC, our trusted team of criminal defense lawyers will work to make sure your rights are protected at every stage of the criminal process. If your family is involved in a criminal domestic violence matter, call our office as soon as possible to get the help you need.
Temporary vs. Final Restraining Orders
Allegations of domestic violence usually result in the imposition of a restraining order. Temporary restraining orders (TROs) can be issued by a judge quickly and with very little evidence. Without the help of an experienced domestic violence lawyer, a temporary restraining order can be made permanent—creating substantial restrictions in addition to any underlying criminal charges.
Of course, the primary purpose of the restraining order is to prevent an alleged abuser from contacting the victim. The judge also has the discretion to use the restraining order to impose limitations that can have surprising consequences. Depending upon the circumstances, the restraining order can limit:
- Your ability to contact your children, even by phone, text, or email
- Your ability to attend family and community functions where the alleged victim may be present
- Your right to continue living in your home, if you shared a residence with the alleged victim
- Your right to possess a firearm
Because of the temporary nature of a TRO, the judge is almost always inclined to grant the order. A TRO is effective for only ten days before a hearing is scheduled to determine whether a final restraining order is appropriate. Final restraining orders can last indefinitely in domestic violence cases.
As soon as you learn that a TRO has been issued against you, it is critical to call an experienced domestic violence lawyer to advocate on your behalf. The alleged abuser can face criminal penalties for merely violating the restraining order—making it key that you have a strong lawyer who will fight to make sure your rights are protected. Final restraining orders can simply finalize the terms of the TRO, and they can also add additional terms, including:
- Child custody restrictions
- Financial support obligations
- Decisions on possession and occupancy of the family home
When these important considerations are on the line, call an experienced domestic violence lawyer you can trust at Hartman Duff, LLC
Call Today to Request a Consultation with our Experienced New Jersey Domestic Violence Lawyer
If you have been a victim of domestic violence, or have been accused of committing an act of domestic violence, get the legal help you need today. Domestic violence can dramatically impact the lives of everyone involved. The first step to protecting your legal rights is speaking with our qualified New Jersey Domestic Violence Lawyer.
At Hartman Duff, LLC, our attorneys can help with every aspect of your case. To learn more about how our lawyers can build a custom-tailored strategy for your specific case, contact us today.
Frequently Asked Questions About Domestic Violence in New Jersey
For obtaining a restraining order under domestic violence, it is necessary that the victim shall have a specific relationship with the abuser. However, if there is no specific relationship, you can still obtain a restraining order for crimes such as sexual assault, stalking, etc. If you need more information about it, you can contact the Hartman Duff, LLC legal team to assess your eligibility criteria and other protections available under New Jersey law.
Domestic violence laws in New Jersey allow a person to file a complaint against a minor for domestic violence only if the minor is emancipated. If a minor is not emancipated and still commits an act of domestic violence, a domestic violence restraining order cannot be obtained, however, a delinquency petition for obtaining civil restraints can be filed as per N.J. Stat. § 2C:25-19(a).
An ex parte order is an order granted in the absence of one party. In the absence of the victim, the courts grant a domestic violence ex parte restraining order if the victim cannot be present at court but has given a sworn testimony, or a person who is representing the victim has given sworn testimony or has filed a complaint on behalf of the victim because the victim is not capable (physically or mentally) for filing it on their own.
The legal team at Hartman Duff, LLC possess extensive experience in domestic violence cases and can assist you in assessing your eligibility for issuing a restraining order. If you have been the victim of domestic violence and you reside in Mercer County, Burlington County, Somerset County, Middlesex County, or throughout New Jersey, contact us today.
We can advise you of what your rights are, what the actual penalties are for a conviction of the offense that you’ve been charged with, and you should give us a call as early as possible in the process so we can help you.