An Essex County domestic violence lawyer can guide you through the complex and fast-paced procedure for dealing with allegations of domestic violence.
If you need to defend against domestic violence or if you are seeking a domestic violence restraining order, the time to speak with an Essex County domestic violence lawyer is now. Under New Jersey law, even if there is no person who claims to be the victim of domestic violence, when police officers possess probable cause to suspect that an act of domestic violence has occurred, they must make an arrest, sign a criminal complaint, or do both. When a person who claims to be the victim of domestic violence applies for a restraining order, a hearing on the application for a final restraining order will be scheduled immediately, and that hearing will likely take place within days.
Many people are surprised to learn of the various consequences of a restraining order. Restraining orders do much more than just prevent communication between the parties. A final restraining order can impact your ability to interact with your children, can cause problems at work, or can present a significant problem in custody disputes. Also, the Domestic Violence Central Registry contains the names of those who have had final restraining orders issued against them indefinitely. Additionally, a final restraining order will prevent you from obtaining a firearms purchaser card and it would require you to forfeit certain weapons. In some instances, those who have successfully defended against applications for a final restraining order may nevertheless be ordered to forfeit their weapons.
If a judge finds that a defendant has infringed upon the terms of a domestic violence restraining order the defendant can be convicted of contempt, and subsequent violations of a restraining order are punishable by a mandatory jail term.
For many people, when a domestic violence incident results in a final restraining order and a criminal conviction, it is the restraining order that results in the more burdensome consequences. It is worth noting, though, that plaintiffs can obtain domestic violence restraining orders just by presenting a preponderance of the evidence at a hearing. At such a hearing, a judge will determine whether the victim has proven that an act of domestic violence occurred and that a restraining order is vital to protect the victim from further abuse. It is possible for a final restraining order to issue even in the absence of proof beyond a reasonable doubt that an underlying act of domestic violence had occurred because a reduced burden of proof is applied as compared to the standard that is applied in criminal trials.
If you are seeking a final restraining order or if you are defending an application for a restraining order, call Scott Gorman to discuss your case today. Scott will take the time to gain a complete understanding of your situation to devise the optimal strategy to win your case. Scott has used that approach to obtain favorable outcomes for clients at hearings and on appeal. Scott Gorman is the Essex County domestic violence lawyer that you need in your corner representing you.