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Restraining Orders
Toms River NJ Temporary Restraining Order Attorney
A major collateral consequences of an assault can be entry of a temporary restraining order. This is an option possessed by a victim of an act of domestic violence, including a spouse, boyfriend, girlfriend or other related party. The key for someone served with a temporary restraining order is to make sure the relief does not become final and permanent. The lawyers at Law Offices of Jonathan F. Marshall can help you achieve this mission so that your immigration status, professional license and ability to travel to and from the United States is not impacted. We have over 100 years of experience handling temporary restraining orders and several attorneys on our staff are former prosecutors at either the county or municipal level. Contact us anytime 24/7 to an attorney about the domestic violence complaint that was filed against you in Toms River, Brick, Long Beach, Point Pleasant, Stafford or another Ocean County municipality. A lawyer with extensive knowledge in temporary restraining orders is available for a free consultation immediately at (732) 286-6500.
New Jersey Temporary Restraining Order Law
A temporary restraining order may be issued if probable cause exists to believe that an act of domestic violence has occurred. The allegations that form the basis for a finding of probable cause include physical evidence, statements of the victim and any other witnesses, as well as any circumstantial evidence that may exist. Many of these facts and circumstances are contained in the Complaint for Domestic Violence filed in order for a temporary restraining order to be issued. Three primary elements must exist for court to issue temporary protection. First, the parties must have shared a relationship falling under New Jersey Domestic Violence Act (e.g. spouse, household member, co-parent, dating relationship, etc.).
Second, the court must find that there was an act of domestic such as a simple assault, aggravated assault, terroristic threats, stalking or harassment. Third, the court must conclude that probable cause exists to believe that entry of the temporary restraints is necessary to protect the victim from further acts of domestic violence. Testimony by the victim that they fear further assault by the accused is all that is typically required to satisfy this prong.
Mandatory Arrest. Police are required to arrest the accused and file a related criminal offense if they arrive a call and one of the following exist: (1) the victim shows signs of injury from domestic violence; (2) there is probably cause to believe that the defendant has violated a no contact order; or (3) a warrant exists for the defendant’s arrest; or (4) there is probable cause to believe that a weapon has been used to commit domestic violence.
Brick NJ Temporary Restraining Order Lawyer
We encourage you to contact our Toms River Office at (732) 286-6500 to speak with our lawyers and begin planning your best defense. Law Offices of Jonathan F. Marshall has over a century of experience defending criminal cases and restraining orders at the Ocean County Superior Court. A lawyer will undertake a comprehensive review of your case to formulate the very best defense to the incident alleged in Lakewood, Jackson, Lakehurst, Berkeley, Lacey or another area town. Having representation by an attorneys who are accustomed to defending restraining orders in the jurisdiction is helpful and we certainly possess this familiarity. An attorney is available now at (732) 286-6500 to assist you.