Determined New Jersey Attorneys Defend Against Domestic Violence Charges
South Jersey Attorneys Defend Clients Charged with Domestic Violence and Protect Clients’ Rights in Final Restraining Order Hearings
At Lackey & Miller, LLC, located in Cherry Hill, our team of former New Jersey prosecutors use our knowledge and experience to advocate for New Jersey clients accused of domestic violence offenses or fighting against a final restraining order. We recognize the serious implications of an unfavorable outcome in a final restraining order hearing, as it may restrict your freedom of movement, hinder your employment prospects, and take away your ability to own a firearm. Our team of experienced litigators are prepared to fight for your rights in domestic violence cases and final restraining order hearings.
The New Jersey Prevention of Domestic Violence Act
The Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17) protects adults or emancipated minors who have been subjected to domestic violence by a spouse, former spouse, or a present or former household member, or any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has had a dating relationship, a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant.
“Domestic violence” is defined in N.J.S.A. 2C:25-19 to be the occurrence of one or more of the following acts inflicted upon a protected person by an adult or an emancipated minor:
- (1) Homicide N.J.S.A. 2C:11-1 et seq.
- (2) Assault N.J.S.A. 2C:12-1
- (3) Terroristic threats N.J.S.A. 2C:12-3
- (4) Kidnapping N.J.S.A. 2C:13-1
- (5) Criminal restraint N.J.S.A. 2C:13-2
- (6) False imprisonment N.J.S.A. 2C:13-3
- (7) Sexual assault N.J.S.A. 2C:14-2
- (8) Criminal sexual contact N.J.S.A. 2C:14-3
- (9) Lewdness N.J.S.A. 2C:14-4
- (10) Criminal mischief N.J.S.A. 2C:17-3
- (11) Burglary N.J.S.A. 2C:18-2
- (12) Criminal trespass N.J.S.A. 2C:18-3
- (13) Harassment N.J.S.A. 2C:33-4
- (14) Stalking P.L.1992, c.209 (C.2C:12-10)
- (15) Criminal coercion N.J.S.A. 2C:13-5
- (16) Robbery N.J.S.A. 2C:15-1
- (17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.A. 2C:29-9 that constitutes a crime or disorderly persons offense
- (18) Any other crime involving risk of death or serious bodily injury to a person protected under the Prevention of Domestic Violence Act
- (19) Cyber-harassment P.L.2013, c.272 (C.2C:33-4.1)
A charge of domestic violence under the Prevention of Domestic Violence Act is entirely independent of any underlying criminal charge and falls under the jurisdiction of the Family Court, where it is presided over by a family court judge. A domestic violence order is a civil matter, not a criminal one, and the burden of proof required is a preponderance of the evidence, rather than the higher level of proof in criminal of beyond a reasonable doubt.
Domestic Violence Final Restraining Orders Can Drastically Impact Your Life
If you have been served with a temporary restraining order, it is imperative that you contact a criminal defense attorney to protect your rights during the final restraining order hearing. A final restraining order can lead to job loss, affect your living and shopping locations, and result in the loss of your firearms rights, among other life-altering consequences.
Temporary Restraining Order
Individuals claiming to have suffered domestic violence can seek a temporary restraining order 24/7, including on holidays. A copy of the complaint must be served upon the defendant, and a hearing in the Family part will take place within ten days. At the hearing, the allegations in the complaint must be proven by a preponderance of the evidence.
Final Restraining Order Hearing
The hearing will take place in the Family Part of the Superior Court, presided over by a Superior Court Judge. During the hearing, the victim may present physical evidence, call witnesses, and even testify regarding the alleged domestic violence. The Judge handling the case will decide whether to issue a final restraining order using a two-step process: (1) whether an act of domestic violence or offense has been committed, and (2) whether a domestic violence final restraining order is necessary to protect the person or property of the victim.
Contact a Camden County lawyer to discuss defending against a domestic violence charge and final restraining orders
Lackey & Miller, LLC, located in Cherry Hill provides strong defense counsel to New Jersey clients who have been accused of domestic violence or have had restraining orders filed against them. You can make an appointment with a criminal defense attorney by calling (856) 339-0089 or contacting us online.