It happens on a daily basis that spouses, girlfriends and boyfriends, roommates, cohabitants or any family or house member call the police to report some sort of domestic dispute. When you contact the police because a domestic dispute, what you often don’t realize is that the police are called to ensure that no one is hurt and everyone will be protected after they arrive. This usually means that the police will assess the problem, separate the people involved and arrest the person they believe to be the aggressor. In certain situations they will arrest both parties involved and take them to jail.
A domestic violence charge is a crime and can result in serious penalties. For almost any accusation of domestic violence the municipal court will issue an order of protection or restraining order against the person being accused. It does not matter whether there were any signs of injury or any other evidence to show that a dispute happened. In many cases only an accusation needs to be made for the court to intervene and impose penalties. This means that whether you are the victim or being accused in a domestic abuse matter, you will be called into court and have to see the matter through in a court of law.
Can The Courts Impose A Restraining Order?
Remember that domestic violence is considered a crime under New Jersey law. If the police are contacted for a domestic abuse matter, they must investigate the matter fully. Usually after the police talk to the individuals involved and any other related witnesses, the police will make an arrest on the person they believe to be the aggressor and take the person to jail. Any information that has been provided to the police will be considered as evidence in the case.
Municipal courts and the Superior Courts in New Jersey can impose a civil restraining order based on the information presented in domestic violence cases. Even in cases where there is not much evidence of domestic violence, the courts can place a protective order to protect the alleged victim to make sure that the victim is protected and safe until the case can be resolved.
What Does The Restraining Order Mean?
A restraining order means that you will be required to follow the rules that the judge decides to put in effect for your case. That usually includes having to leave your home for an indefinite period of time, refrain from communicating to the victim in any way and also may place restrictions on communicating with your children. Also, even when you are ordered to leave the home you are still held responsible to continue making any rent or mortgage payments on the home. Judges usually also order that the individuals involved either seek couples counseling or the aggressor attend anger management classes.
If someone violates the restraining order they will be charged with contempt of court. A violation will mean an immediate arrest and you be faced with jail time and fines. After someone is arrested for violating a restraining order the victim must decide on whether they will move forward in pressing criminal charges.
Do I Need A Lawyer?
The legal system can be very complicated and confusing. If you are being accused of domestic abuse or violating a restraining order you should speak to a criminal defense attorney today. An attorney will be able to defend you and help answer all your questions.
Attorney Edward Appel can assist you and provide you with the best legal service for your case. Contact him today for a free consultation.