The time to speak with a Passaic County domestic violence attorney is now, if you hope to obtain a domestic violence restraining order or if you have had a temporary domestic violence restraining order issued against you.
In New Jersey, our courts seldom move at a faster pace than they do when deal with allegations of domestic violence. When police officers respond to reports of domestic violence, under New Jersey law, they must arrest any individual believed to have committed an act of domestic violence or have that individual charged criminally when they have probable cause to believe that domestic violence has occurred and this is the case even when nobody claims to be the victim of domestic violence, When an alleged victim seeks a restraining order against the alleged offender, a hearing on that application will most likely take place within days rather than weeks or months. Consequently, whether you are defending a domestic violence allegation or pursuing a domestic violence restraining order, you cannot afford to wait to speak with a Passaic County domestic violence attorney.
There are several significant consequences of having a restraining order issued against you. A final restraining order can impede your ability to communicate with your children and can negatively affect your employment. Also, your name will be entered into the Central Registry for Domestic Violence where it will remain indefinitely if a final restraining order is issued against you. Moreover, a final restraining order would bar you from qualifying for a firearms purchaser card and could result in the forfeiture of any weapons that you already own. In fact, even if you manage to avoid having a final restraining order issued against you, a court could nevertheless order you to forfeit your weapons.
If you are alleged to have violated even a single term of a domestic violence restraining order, you can be charged criminally with contempt. Moreover, a second or subsequent conviction for violating a restraining order carries a mandatory term of imprisonment.
Frequently, the consequences that are associated with a final restraining order are worse than those that follow from a criminal conviction for the underlying act of domestic violence. This is the case even though plaintiffs in applications for domestic violence restraining orders are only required to carry their burden by a preponderance of the evidence. A restraining order will only issue when a judge finds that (1) an underlying act of domestic violence occurred and (2) a restraining order is essential to protect the victim from further abuse. Because the burden of proof at these hearings is different than that which is applied at a criminal trial, a final restraining order can issue even if there is reasonable doubt that the defendant ever committed an act of domestic violence.
Domestic violence lawyer Scott Gorman knows that the stakes are too high at a final restraining order hearing to arrive at court unprepared. For that reason, Scott will devote the necessary time to getting to know you, familiarizing himself with your relationship history, and coming up with the best strategy to obtain a favorable outcome. If you are defending against domestic violence allegations or if you need the protection of a final restraining order, call attorney Scott Gorman today to discuss your case.