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New Jersey Domestic Violence Law and Restraining Orders Attorney

Lance Brown & Associates defends individuals in New Jersey who are charged with domestic violence and subjected to restraining orders which significantly limit their rights and freedoms before any criminal trial has even been held. A temporary restraining order (TRO) can be issued by a judge on the basis of one person’s testimony or sworn complaint, or even over the phone, without any other evidence being required and without a word from the alleged abuser. Let Lance Brown & Associates protect your rights and make sure you are not unfairly punished under New Jersey’s broad domestic violence law.

New Jersey domestic violence law is known as the Prevention of Domestic Violence Act of 1991, which can be found at 2C:25-17. Domestic violence is broadly defined under the law as committing any of the following:

  • Homicide
  • Assault
  • Terroristic threats
  • Kidnapping
  • Criminal restraint
  • False imprisonment
  • Sexual assault
  • Criminal sexual contact
  • Lewdness
  • Criminal mischief
  • Burglary
  • Criminal trespass
  • Harassment
  • Stalking

when the offense is inflicted on:

  • A spouse or former spouse
  • Any present or former household member
  • Current or former boyfriend or girlfriend
  • A person who is pregnant by or has a child in common with the alleged perpetrator

New Jersey Domestic Violence Law Gives Broad Powers to Judges When Making Restraining Orders

The stated intent of the New Jersey domestic violence law is to give victims of domestic violence the maximum protection from abuse which the law can provide. It should come as no surprise then to learn that the law is written very broadly and gives the judge wide discretion in what to include when fashioning a temporary restraining order (TRO). In crafting a TRO, the judge can place any of the following restrictions on the subject of the order:

  • Forbidden from entering home
  • Forbidden from having contact with victim or relatives
  • Forbidden from bothering victim at work, school, etc.
  • Ordered to relinquish custody of children
  • Ordered to pay child support
  • Required to reimburse for any medical treatment or repairs
  • Prevented from possessing or having any contact with the family pet
  • Prohibited from possessing a firearm

The judge can also order a search and seizure of any weapons the subject may possess. This list is illustrative only; the judge may make any other orders he or she deems appropriate.

Help is Available from an Experienced New Jersey Restraining Orders Attorney

Once a temporary restraining order has been placed on you, the wheels are in motion to make that order last for months, years or indefinitely, depriving you of important rights and placing significant financial burdens on you. Make sure you receive sound advice and effective representation from an experienced attorney who knows New Jersey domestic violence law and the procedures for defending against restraining orders. In New Jersey and eastern Pennsylvania, contact Lance Brown & Associates for assistance.

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