If you have been served with a domestic violence restraining order you may also be arrested on separate criminal charges. The attorneys at Cores & Associates can help. We are here to represent you in the Superior Court or Municipal court and defend against the domestic violence restraining order, or against the separate criminal charges. Both are serious. They are separate cases that will be heard by different judges. You may win in one court and lose in the other. These are charges to be taken very seriously and you should contact the experienced attorneys at Cores & Associates to find out what rights you have.

Yes. Not only can a domestic violence victim file for a restraining order, she/he can also pursue criminal charges.

A victim can pursue a Temporary Restraining Order (TRO). If issued a Final Restraining Order (FRO) hearing will be scheduled to occur within 10-20 days.

If you are charged with a crime it could be a municipal crime/disorderly persons or it could lead to an indictable offense. Based on the facts of the case or your prior criminal history, the exact charges and criminal penalties will vary.

Generally, the officers who arrive at the scene are required to make an arrest if the victim shows any sign of injury caused by domestic violence. This includes both signs of physical injury and also the possibility that the victim may be in pain or suffering from some type of internal injury. The police are similarly required to make an arrest if the alleged abuser has violated a restraining order or if there is a warrant out for their arrest. The police have substantial leeway in these situations. Whether arrest is mandatory will be based on the police observations at the scene.

Yes. N.J.S.A. 2C:25-21(a)(1) requires a law enforcement officer to arrest the alleged perpetrator if “the victim exhibits signs of injury caused by an act of domestic violence.”

Injury can include not just physical markings, but also pain or any impairment of physical condition. N.J.S.A. 2C:25-21(c)(1) demands that police officers “liberally construe” what amounts to a sign of injury caused by domestic violence.

The exact punishment will depend upon the underlying charges in the domestic violence complaint. For example, if you are convicted of simple assault, you can be facing up to six months in jail and $1,000. However, if you also violated a restraining order, you can face fourth-degree criminal charges that can result in up to 18 months in jail and $25,000 in fines. The prosecution may stack the charges against you so that you could be facing a more significant punishment.