The process for dealing with allegations of domestic violence moves at an extremely fast pace.
It is the law in New Jersey that when police officers respond to a call involving an allegation of domestic violence, even if, upon their arrival, there is no person claiming to be the victim of domestic violence, as long as the officers have probable cause to believe that an act of domestic violence has occurred, they must arrest the individual believed to have committed the offense, sign a criminal complaint charging that individual, or both. If an alleged victim seeks a restraining order against the alleged offender, a hearing on the application for a final restraining order will be scheduled right away, and that hearing will likely take place within days rather than weeks or months. Therefore, if you are seeking a domestic violence restraining order or if you have had a temporary domestic violence restraining order issued against you, the time to speak with a Hudson County Domestic Violence Attorney is now.
Many people are surprised to learn that a restraining order can do much more than just prevent one person from having contact with another. A final restraining order can impact your ability to communicate with your children, can present a significant problem in custody disputes, or can cause problems at work. Also, if a final restraining order is issued against you, your name will be included in the Domestic Violence Central Registry, where it will remain indefinitely. A final restraining order will also result in your inability to obtain a firearms purchaser card and the forfeiture of weapons that you already own. Even if you are ultimately successful in avoiding a final restraining order, you may nevertheless be ordered to forfeit your weapons.
An violation of even a single term of a domestic violence restraining order can result in a criminal conviction for contempt, and a subsequent such conviction for violating a restraining order will result in a minimum term of imprisonment of no less than thirty days.
Even though, for many people, the consequences that result from a domestic violence restraining order may be more burdensome than the penalties associated with a criminal conviction arising out of the same incident, in order to obtain a domestic violence restraining order, plaintiffs need only carry their burden by a preponderance of the evidence. At a hearing on an application for a final restraining order, in order to prevail a victim must prove that an underlying act of domestic violence occurred and that a restraining order is needed to protect the victim from further abuse. Because a preponderance of the evidence standard is applied at these hearings, a final restraining order can issue even where there is less than proof beyond a reasonable doubt that an underlying act of domestic violence occurred.
Scott Gorman is the Hudson County Domestic Violence Attorney that you need on your side to represent you at a hearing to determine whether a final restraining order should issue. Scott will take the time to get to know you, your relationship history, and the facts surrounding your most recent incident so that he can best devise a strategy that will be most helpful to your case. Scott has used his talent and experience to successfully represent both victims of domestic violence and those who have defended against applications for domestic violence restraining orders. He has obtained favorable outcomes for clients at hearings and on appeal. If you are seeking a final restraining order or if you are defending an application for a restraining order, call Hudson County Domestic Violence Attorney Scott Gorman to discuss your case today.