NJ Domestic Violence Lawyers

NJ Domestic Violence - Overview

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.

NJ Domestic Violence Laws

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.

Who Does It Apply To?

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:

  • Spouse or former spouse
  • Current or former household member (i.e., an adult child)
  • Current or former dating partner
  • Biological or adoptive co-parent, including a prospective co-parent if either party is pregnant.

What's a Temporary Restraining Order?

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.

What's a Final Restraining Order?

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. 

NJ Final Restraining Orders Never Expire

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.

Criminal Charges Related To Domestic Violence Cases?

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.

Our Experience

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.

How We Can Help

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.

Get Help With Your Case

How Do Your Free Consultations Work?

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.

What our clients say about us:

Peyrouton Law
5.0
Based on 148 reviews
Matthew Jenner
Matthew Jenner
22:14 21 Apr 21
Alan and his team were professional and competent. Alan was always available to offer advice and answer any questions I had. I will recommend Peyrouton Law to friends and family in the future.
Harold Peters
Harold Peters
21:40 14 Apr 21
They're reassuring
Chase Parchment
Chase Parchment
16:16 01 Apr 21
I was in a terrible bind. Police officer trumped up charges, lied and frankly tried to ruin me. I was facing six charges but I knew I was not guilty of anything. Samera was very professional and knowledgeable and helped guide me along. Alan was sharp from day one and in the end, all charges were dismissed. I couldn't be any happier. Not only will I use them if I need to (Though I hope it not), I will recommend Alan to anyone I know in need of counsel. Thank you again.
Alessandra Sawick
Alessandra Sawick
17:14 29 Mar 21
We had a smooth process dealing with the courts thanks to Peyrouton Law office. They are very professional and knowledge and helped us in every step of the way. They really care for the clients and for resolving their cases. I highly recommend their services.
sugoi desune
sugoi desune
18:25 24 Mar 21
I went to this law office when I was in a dire situation and from an affordable cost and an incredibly hardworking law firm my situation was handled with care and saved me a lot of trouble.
Joao limao
Joao limao
18:21 24 Mar 21
Amazing lawyer! He took care of everything while I was able to relax and kept me informed the entire process throughout.
Bruce Lieblich
Bruce Lieblich
17:35 19 Mar 21
Personal attention to detail anytime you callRates are reasonable and his effort is second to noneAlways professional and solid legal guidanceCan help you day or night no stone left unturned
Maria Castillo
Maria Castillo
20:24 15 Mar 21
Thank you Alan and Samera for your wonderful work! This was my first time facing a criminal conviction and you guys were able to help me and support me throughout this process. Alan was able to get the best outcome in this situation and for that I will always be grateful for. I will definitely recommend this law office to anyone facing a hard time with the law. Thank you again!
Jason C
Jason C
04:28 11 Mar 21
I never thought I would need legal assistance for my family, but Alan was awesome. Highly recommend to everyone and would have no problem using his services again. Samera is just a flawless addition to his team. I can't say enough good things about them.
Schumacher Photographs
Schumacher Photographs
18:10 10 Mar 21
This law firm and Samera in particular helped me out of a big jam that was actually a mistake NDMV made. NJ thought my car insurance lapsed when I moved out of state so they suspended my license which meant I could not get my car registered in my new state AND couldn't get my license updated nor could I go to dmv since I moved cross country. I answered every letter NJDMV sent me registered receipt mail with ALL the proof my vehicle NEVER had a lapse but they ignored all my correspondence. The office manager at Peyrouton Law, Samera handled everything. ONLY through her tenacity and persistence did this issue get resolved. NJDMV lifted the suspension so I could move forward where I currently live. This girl is dead on it! Thank you soo much Samera and Alan! Harry S.
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A person extorts if he purposely threatens to:

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 Articulable Suspicion

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.

United States Constitution

Amendment IV

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.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

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

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.