Milltown NJ Domestic Violence Attorney

Domestic Violence Defense in Milltown, NJ

Being accused of domestic violence is a life-altering event. New Jersey is aggressive and proactive in its battle against violence in the home. When a person calls for the state’s intervention, they will usually get it. This can include the automatic issuance of a Temporary Restraining Order (TRO), leading to the barring of the accused from the home, from his or her children, and from retaining the possession of firearms. In many cases, the charges of domestic violence are false, ensnaring an innocent person in a brutal legal battle. If you are accused of domestic violence it is imperative that you contact an attorney that can effectively fight for your legal rights. Contact the Law Office of Michael A. Policastro for a consultation.

New Jersey Domestic Violence Laws

The New Jersey Prevention of Domestic Violence Act of 1991 was enacted to immediately protect victims of domestic violence. The state believes that domestic relationships include those who are married, separated, divorced, live together, date, and those who share a child. Domestic violence offenses are wide-ranging and include:

  • Terroristic threats
  • Simple assault
  • Harassment
  • Sexual assault
  • Stalking
  • Homicide

Methods of relief

Under the law, the court provides two forms of relief; civil and criminal.

  • Civil relief: Civil relief references the immediate intervention through the issuance of a Temporary Restraining Order (TRO). When a TRO is issued, the accused could be kept from his or her home, children, and guns. While the TRO is in effect, mediation and other forms of dispute resolution methods are not available and the TRO can only be lifted by the court when they assess the need for a permanent restraining order.
  • Criminal relief: When a victim chooses to file for a TRO, they may also consider pressing criminal charges for the crime.

Consequences

As said before, a restraining order has far-reaching and overwhelming effects on the accused. If the party was to convince the court that a permanent restraining order is called for, it could deeply impact one’s life. If a person was to violate the TRO or PRO, he or she could face serious consequences for acting against a court order. If a person was to be found guilty of the crime related to the domestic violence charge, he or she could face greater consequences than the original crime poses. Many of these acts are criminal offenses that can subject a person to serious jail time and a criminal record.

False accusations

Unfortunately, there are too many times in which a person is falsely accused of domestic violence. While the laws are aggressive towards domestic violence in order to help victims, it exposes many innocent people to major legal issues. For some, an upcoming divorce, custody case, or other significant life event motivates a party to exploit the laws for their gain. This is against the law and it is important to consult with a firm that not only can fight the charges against you but hold them fully accountable for their egregious use of state resources.

Contact a Middlesex County domestic violence defense law firm

Being accused of domestic violence is a devastating event. When facing such significant legal matters, it is important to consult with an experienced and effective law firm. The Law Office of Michael A. Policastro fights for New Jersey clients facing a range of criminal matters. A domestic violence charge is serious and our firm can help. Contact the Law Office of Michael A. Policastro for a consultation today.