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Restraining Orders vs. Criminal Charges

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Elmwood Park Restraining Order Defense Lawyers 

Criminal Defense Attorneys with Offices in Bergen County, NJ

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Restraining Order and Criminal Charges

The Tormey Law Firm, with offices in Hackensack, New Jersey, is a legal practice devoted solely to criminal and drunk driving (DWI) defense. Our attorneys have represented clients in domestic violence cases in Bergen County and throughout New Jersey for many years, garnering the expertise that facilitates positive results for our clients. Whether you are charged with a criminal offense related to domestic violence such as stalking, harassment, or sexual assault, or you are facing a restraining order, or both, we have the knowledge and resources to help you make it through this difficult time. We serve clients in Superior Courts and Municipal Courts in northern New Jersey on a daily basis, including those in Garfield, Edgewater, and Cliffside Park, and our daily exposure to the New Jersey justice system provides us with the edge necessary to achieve the best possible outcomes in each case. If you or a loved one is facing a temporary restraining order (TRO), it is imperative that you speak with an experienced domestic violence attorney who understands the rules governing restraining orders and can guide you through these complex proceedings. If you need help now, contact the Hackensack offices of The Tormey Law Firm today at (201)-330-4979. You are just one free consultation away from the answers you need to protect yourself.

Restraining Order vs. Criminal Charges in New Jersey

If a domestic violence incident occurs, several things can happen. In some instances, the police, when called, can investigate and opt not to file charges. In these cases, the victim does not want to press charges, there is no evidence of assault (typically in the form of observable injuries), and/or the police did not witness an assault, etc. Under other circumstances, when the police investigate, a criminal complaint can be filed against one or both of the parties involved for any domestic violence criminal charges, such as simple assault, aggravated assault, stalking, or harassment. If criminal charges are filed, they must be adjudicated in either the local municipal court or in the Superior Court in the county in which the alleged offense occurred, depending on the severity and the degree of the charges. If the charges are indictable (felony) level charges, they must be handled at the Superior Court in the county in which the alleged crime occurred. If the charges are disorderly persons offenses (misdemeanors), they can be handled in the local municipal court in the town in which the arrest was made. It is important to understand that the criminal charges in a domestic violence case are decided in a completely separate proceeding from the issuance of a restraining order.

After a domestic violence incident occurs, the police will also ask the alleged victim if he or she wants to file a Temporary Restraining Order (TRO). If the party declines, then the criminal charges will proceed and no restraining order will be issued. If the victim wishes to obtain a restraining order, a TRO will be issued and a Final Restraining Order (FRO) hearing will be scheduled in the Superior Court, Family Division, to be heard within ten (10) days. The Temporary Restraining Order (TRO) will prevent the defendant from attempting to contact or be in the vicinity of the alleged victim, whether that includes the victim’s place of employment, the victim’s home, or any other places or people that are named in the restraining order. If the defendant violates the restraining order, he or she will be arrested and charged with contempt of court.

Call the Tormey Law Firm in Hackensack, NJ Today for a Free Consultation

There are very different standards of proof and issues with regard to criminal charges, Temporary Restraining Orders (TRO), and Final Restraining Order hearings (FRO), which necessitates the faculties of an experienced lawyer to successfully address any and all components of a domestic violence case. If you or a loved one has been charged with a domestic violence criminal offense or you are facing a restraining order in New Jersey, contact the Hackensack offices of The Tormey Law Firm to speak with an attorney. Consultations are always provided free of charge.

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