New Jersey Domestic Violence Defense Lawyers

Lackey & Miller Defend Against Domestic Violence Charges

At Lackey & Miller, located in Cherry Hill, our team of former New Jersey prosecutors use our knowledge and experience to advocate for our clients accused of domestic violence offenses. Our experienced New Jersey domestic violence attorneys are prepared to fight for your rights in domestic violence cases and final restraining order hearings.

Lackey & Miller also represents clients 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.

The New Jersey Prevention of Domestic Violence Act

The Prevention of Domestic Violence Act (NJSA 2C:25) protects adults or emancipated minors who have been subjected to domestic violence by:

• A spouse
• Former spouse
• A present or former household member
• 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
  • Whom the victim anticipates having a child in common if one of the parties is pregnant

“Domestic violence” is defined in NJSA 2C:25-19 to be the occurrence of one or more violent acts inflicted upon a protected person by an adult or an emancipated minor, such as kidnapping, sexual assault, harassment, and stalking.

Do I Need a Lawyer for Domestic Violence Charges?

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 cases (beyond a reasonable doubt).

Because the consequences of being convicted of domestic violence are so far-reaching — they can affect you for the rest of your life — You should retain a domestic violence attorney to guide you through the complicated process of the civil and criminal courts. While the actual domestic violence charge is a civil matter, the crime you were accused of, for example, assault, could be a criminal matter for the criminal courts.

Penalties for a Domestic Violence Conviction in New Jersey

If you have been accused of domestic violence in New Jersey, you can face a number of penalties. The law is in place to protect the alleged victim rather than the accused person. Thus, if you have been accused of domestic violence, you need a New Jersey domestic violence lawyer to help guide you through the process and protect your rights.

You may be subject to penalties related to domestic violence plus penalties for the actual crime. You may be charged with a disorderly person’s offense (called a misdemeanor in most states) or an indictable offense (called a felony in most states). Some of the penalties for a domestic violence conviction include:

Misdemeanors

• Probation
• Anger management classes
• Up to six months in jail
• Fine from $50 to $500

Felonies

• Fourth-degree felony: Up to 18 months in prison
• Third-degree felony: 3 to 5 years in prison
• Second-degree felony: 5 to 10 years in prison
• First-degree felony: Up to 20 years in prison

Civil and Social Penalties

Once convicted of domestic violence, you could also suffer social and civil penalties, including:

• Alienation and/or separation from your family
• Loss of parenting time
• Trouble keeping a job or getting hired at a new job
• Trouble finding a place to live
• Trouble enrolling in or paying for school
• Loss of your right to vote
• Loss of your right to own or possess a gun

Temporary Restraining Order

If you have a temporary restraining order entered against you, you will have received a copy of the complaint. The court will set a hearing within ten days. The petitioner (plaintiff/victim) must prove the allegations by a preponderance of the evidence.

Regardless of whether the allegations are true, you should always seek guidance from a New Jersey criminal defense attorney, as the consequences of domestic abuse are severe. Restraining orders can affect child custody and the freedom to go to certain places, such as your spouse’s workplace or home and your children’s school.

How Final Restraining Orders Can Drastically Impact Your Life

If you have been served with a temporary restraining order, you must 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.

Depending on the type of crime you are accused of, you could also face jail time and fines under domestic violence laws. A criminal defense lawyer can help you through the process of defending yourself against domestic violence crimes that could result in criminal charges.

What Happens at a 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
2. Whether a domestic violence final restraining order is necessary to protect the person or property of the victim

Why Clients Choose Lackey & Miller

When you are facing domestic violence charges in New Jersey, you need an experienced defense law firm. While many attorneys offer legal representation for domestic violence cases, you need a criminal law attorney if you are also facing criminal charges on top of the domestic violence charges.

The attorneys at Lackey & Miller have experience handling domestic violence charges, such as terroristic threats, criminal restraint, sexual assault, aggravated assault, and criminal sexual contact, as well as other domestic violence charges.

Testimonials

“What an honor to be a client of Mr. Jeremy Lackey. He responded quickly, explained thoroughly, and delivered 100% A+ Results. He handled my expungement with no issues. Highly recommend. I cannot thank him enough for the job he did for me.” — Patrick S.

“Jeremy and his team are hands down some of the best lawyers in New Jersey. They are truly for you and will fight tooth and nail to get everything you want. They are very accessible [and] always call you back. They will truly have your best interests at hand. If you’re looking for the best lawyers […] you found them.” — Brandon A.

See more Lackey & Miller testimonials here.

Don’t Let Domestic Violence Accusations Derail Your Life

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 schedule a free consultation with a New Jersey domestic violence defense attorney by calling 856-399-0089 or contacting us online.