East Brunswick Domestic Violence Defense Lawyer Aggressively Defending Charges
Local law enforcement and society both view domestic violence in an extremely negative light. Facing a domestic violence charge can completely turn your world and your reputation upside-down. It’s highly recommended to speak with an East Brunswick domestic violence attorney if you’ve been charged with domestic violence or if you’re served a restraining order. An East Brunswick domestic violence attorney can help you explore your legal options and guide you through the process. To discuss defense strategies and other ways to help, contact East Brunswick domestic violence attorney John B. Fabriele today at (732) 246-0888 today for a free case evaluation.
How Domestic Violence is Defined in East Brunswick
New Jersey Statutes §§2C:25-17 through 35, also known as the Prevention of Domestic Violence Act of 1991, sets forth the specific criteria for domestic violence used in East Brunswick. There are two distinct prongs that must be met in order for an act to be considered domestic violence under this act.
- (1) The alleged act must be enumerated within the statute as an act of domestic violence. The list includes physical acts such as assault, false imprisonment, and criminal sexual contact, as well as some non-physical acts such as harassment, trespass, stalking, and cyber harassment.
- (2) The alleged incident or action must be against a spouse, former spouse, a person whom the plaintiff has dated or had at least one child with, or someone who is living in the same household as the plaintiff. If a person in East Brunswick commits one of the enumerated acts against a person described above, they have committed an act of domestic violence.
To learn more about New Jersey domestic violence legal criteria and how it applies to your circumstances, contact an East Brunswick NJ domestic violence defense lawyer today.
Frequently Asked Questions Regarding East Brunswick Domestic Violence
Below you’ll find important questions and answers that can help you further understand a domestic violence charge in East Brunswick. For more information, contact an East Brunswick domestic violence lawyer.
What is the role of Temporary Restraining Orders (TRO)?
Any person claiming to be a victim of domestic violence can apply for a restraining order against their abuser. A restraining order is a directive from the court prohibiting a person from contacting or coming within a certain distance of another person.
A Temporary Restraining Order (TRO) is not very difficult to obtain and does not require a full court proceeding. Because everyone has a constitutional right to confront a witness against them, a long-term restraining order cannot legally be granted without a full hearing, unless agreed to by all parties.
If you’ve been served with a restraining order, it’s important to have an accomplished East Brunswick NJ domestic violence lawyer there to support you. Remember that you have the right to stand up for yourself in these circumstances, and an East Brunswick domestic violence lawyer can help pave the way for your defense. Contact East Brunswick domestic violence attorney John B. Fabriele, III today to learn more about Temporary Restraining Orders.
What are Final Restraining Orders (FRO)?
Within ten days of issuing a TRO, an East Brunswick court will hold a hearing on whether or not to grant a Final Restraining Order (FRO). This hearing can, and likely will, involve both parties delivering direct and cross-examination. During this process, the person claiming to be an alleged victim of domestic violence may be cross-examined by the person against whom they have filed a TRO.
This can be extremely stressful for many people, and emotions can run high for everyone involved. However, an East Brunswick domestic violence lawyer could cross-examine the opposing party on their client’s behalf and could deflect any improper lines of questioning that may be directed towards the petitioner.
If the judge believes beyond a preponderance of the evidence that domestic violence has occurred, a long-term FRO may be ordered. This order could last for any number of years, but constitutionally cannot be permanent. Because a long-term FRO can completely disrupt the life of a family or household, it’s important to take these hearings seriously. It’s highly recommended to work with a knowledgeable East Brunswick domestic violence lawyer to assure you that you’re not facing unjust consequences, such as an unnecessary Final Restraining Order. Call the law office of East Brunswick domestic violence lawyer John B. Fabriele today to learn more about Final Restraining Orders.
What are the penalties for violating an order in East Brunswick?
Any restraining order, whether issued on a temporary basis or after the court makes it permanent, carries the full weight of the law. This is an official court decision that all parties are obligated to follow. Any failure to adhere to the conditions presented in the order is considered a criminal act.
New Jersey Statute 2C:29-9 states that any person who purposely or knowingly disobeys a protective order is guilty of a crime of the fourth degree. This is known as contempt of court. Crimes of the fourth degree are punishable by a maximum of 18 months in jail. In addition, if the violation occurs while a person is awaiting trial, it is extremely likely that the court will revoke a person’s bail and they will be sent back to jail.
The best way to avoid a restraining order violation is to follow the directives of your East Brunswick domestic violence lawyer closely. Your lawyer can help you understand the penalties as well as the best possible ways to prevent a violation.
What are the penalties for domestic violence charges in East Brunswick?
The penalties for a domestic violence charge will vary depending on the severity of the circumstances. One focus of domestic violence charges is the continued threat to the alleged victim, which is why temporary restraining orders are often the first line of their defense. In addition to being served with a temporary restraining order, you may face penalties such as jail time, expensive fines, limits to where you can travel, and a surrender of all firearms. In addition, a domestic violence offender may be required to participate in counseling sessions. The East Brunswick family court takes domestic violence cases very seriously and alleged offenders may face severe penalties. Working closely with an East Brunswick domestic violence lawyer can help.
Why is it important to hire an East Brunswick NJ domestic violence defense lawyer?
There’s no question that being charged with domestic violence can have a significant effect on your personal and professional life. No one should have to face domestic violence allegations alone. Everyone has the right to defend themselves, especially in cases of domestic violence. If you want to protect your rights, your freedom, and your reputation amongst your community, it’s imperative to speak with a trustworthy and experienced East Brunswick NJ domestic violence lawyer as soon as possible. The sooner you call, the better the outcome will be.
East Brunswick Domestic Violence Lawyer John B. Fabriele, III
The Law Office of East Brunswick Domestic Violence Lawyer John B. Fabriele, III is ready to discuss your domestic violence case. It’s essential to work closely with a domestic violence attorney to assure that your rights and your reputation are protected. To see the best possible results, contact East Brunswick NJ domestic violence lawyer John B. Fabriele, III, LLC today for a free case evaluation.
East Brunswick NJ Criminal Defense Lawyer Office
East Brunswick Criminal Defense Attorney
East Brunswick , NJ
Phone: (732) 246-0888