Our Domestic Violence lawyers are located in Hackensack, New Jersey. We are committed to fighting your domestic violence case. Whether you are trying to get a restraining against someone or are defending against a restraining order, we are here to help you.
You will benefit from our extensive trial experience. Most importantly, we will be honest about your chances of winning your case. We never guarantee results. However, we absolutely guarantee that we will aggressively fight for you!
Your domestic violence case may also involve criminal charges like Simple Assault, Harassment, or Terroristic Threats. It is important to fight criminal charges since getting a conviction can really complicate your life.
Under the New Jersey law, domestic violence is committed by a person who has a close relationship in your life, including a current or ex-spouse, any member of your household (past and current), any current or former boyfriend or girlfriend, or a parent of your children (or expected child). You do not need to be legally related to or currently living with an abuser to qualify for protection under this law.
If such a relationship applies, then the New Jersey Domestic Violence Prevention Act may apply.
The New Jersey Prevention of Domestic Violence Act (N.J.S.A.2C:25-17 et seq. NJPDVA) protects against domestic violence and domestic abuse.
It applies to anyone over the age of 18 who is experiencing domestic abuse by any of the following:
In domestic violence situations, a temporary restraining order is an “immediate” separation between the parties.
Getting a temporary restraining order is the first step in the process of getting a final restraining order.
Getting a temporary restraining order is a process.
You have options.
Your first option may be to contact your local police department to file a report and request a temporary restraining order.
Another option would be to contact the Bergen County Family Division to gather more information about your domestic violence concern.
In addition, you may reach out to your local county prosecutor’s office. For example, the Bergen County Prosecutor’s Office has a Domestic Violence Unit that assigns domestic violence counselor’s to help you during this difficult time.
If you are not a victim of domestic violence and believe that you are being falsely accused, we can also help you with these types of cases.
A Final Restraining Order means that the person who “abused” you can never go near you.
If you have a final restraining order entered against you, you face serious consequences if you ever violate the order.
You could face up to 18 months in jail.
If you have a court date for a final restraining order, it is important to have an experienced Domestic Violence lawyer with you.
Domestic Violence court can be intimidating and overwhelming.
You will need to present evidence to show the judge that the accusation against you is not true.
Also, you will need to ask witnesses certain questions that support your innocence.
If you go to court alone, it is very likely that you will lose your case.
Once a final restraining order is entered against you, it will never expire.
It is important to understand that restraining order violations carry serious consequences. An innocent text or phone call can result in your arrest & new charges. Regardless of how much time has passed, once a final restraining order is in effect, you cannot violate it.
It is extremely common to get criminal charges when you’re involved in a domestic violence case.
The charges can range from Simple Assault to Aggravated Assault. When you’re charged criminally you run many risks. Aggravated assault is an indictable offense and carries a mandatory minimum prison sentence. In addition to facing jail, you will get a criminal conviction that will stay on your record for years. Criminal convictions affect your ability to get & maintain employment.
Another problem you face is that under NJ law, you may not be eligible for admission into a diversionary program if your criminal charges are related to domestic violence. Diversionary programs are a way for you to avoid jail & getting a criminal record. Unfortunately, this option is not available to you under these circumstances.
It is important to know that even if the alleged victim in your case wants to withdraw the criminal charge, this decision is out of that person’s control. The criminal case belongs to the State of New Jersey and it will be prosecuted accordingly.
One of our Bergen County clients had an ugly argument with his wife. During the argument, he grabbed her cell phone & broke it. The police arrived. He was arrested and charged with assault & criminal mischief. He had a clean record & although he was eligible for PTI, his application was denied. It wasn’t easy but after extensive plea negotiations, we were able to successfully get him admitted into PTI & we kept him out of jail & his record clean.
Lastly, if your domestic violence case involves an incident where your children witnessed the argument, you may get charged with endangering the welfare of a child. Again, these are felony charges & the consequences are severe. New Jersey’s DYFS agency often gets involved and you run the risk of losing your children. In short, domestic violence cases involve a broad mix of legal consequences. Our legal team is here to help you.
You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.
Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.
Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.
If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.
There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.
The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.
We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars.
When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.
a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.
***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.
Reasonable suspicion is a “search” standard that applies in criminal law.
When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.
A mere “hunch” is not enough.
In other words, a police officer has to provide an acceptable explanation for the search.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.
b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.
c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions