Have you been involved in a domestic disturbance? Union County domestic violence attorney Scott Gorman is ready to advocate on your behalf.
As the procedure for dealing with domestic violence allegations moves at an extremely fast pace, there is little time for you to contemplate your next move. If you are seeking a domestic violence restraining order or if you have had a temporary domestic violence restraining order issued against you, it is important to speak with a Union County Domestic Violence Attorney immediately. Under New Jersey law, when police have probable cause to suspect that domestic violence has occurred, they must arrest the individual believed to have committed the offense, sign a criminal complaint charging the individual, or both, even when no person claims to be the victim of domestic violence. Hearings on applications for final restraining orders are scheduled right away they are typically conducted within days of the filings.
A restraining order can do much more than just prevent one person from having contact with another. Final restraining orders can impact parents’ ability to communicate with their children and they frequently present significant problems in custody disputes. They can cause problems at work. Also, your name will be included in the Central Registry for Domestic Violence indefinitely if a final restraining order is issued against you. Moreover, a final restraining order will render you ineligible to obtain a firearms purchaser card and will result in the forfeiture of firearms that you already own. In fact, even a successful defense against an application for a final restraining order does not guarantee that you will not be ordered to forfeit your weapons.
A person can be convicted of the criminal charge of contempt for violating a single provision of a domestic violence restraining order, and a subsequent conviction for a violation of a restraining order will result in no less than one month in jail.
To qualify for a domestic violence restraining order, plaintiffs need only carry their burden by a preponderance of the evidence even though a domestic violence restraining order often carries penalties that are more severe than those that flow from the related criminal conviction. To determine whether to grant a final restraining order, a judge will consider whether the victim has proven that domestic violence has occurred and that a restraining order is required to protect the victim from further abuse. It is worth noting that as a result of the burden of proof that is applied at these hearings, a final restraining order can issue even if the evidence presented by the victim falls short of establishing proof beyond a reasonable doubt that an underlying act of domestic violence even occurred.
Union County Attorney Scott Gorman understands both the stressful nature of the process for dealing with applications for domestic violence restraining orders and the significance of such matters. He has successfully represented victims and defendants in domestic violence proceedings at hearings and on appeal. To effectively advocate on your behalf, Scott needs to understand you and the unique circumstances of your case. Time is of the essence in domestic violence proceedings so call Scott today to discuss how he can help you get the outcome that you need.