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
4.9
Based on 141 reviews
B J
B J
17:00 17 Feb 21
Crashnburn973
Crashnburn973
23:01 15 Feb 21
So far so good....no complaints here...Very good people
J O
J O
17:41 11 Feb 21
I recently got into some legal trouble and was in the need of an attorney fast. Choosing a good attorney, is step 1 in achieving a favorable outcome in any case. And thankfully I made the right choice in choosing Peyrouton Law. Allan and his team are great. They set my mind at ease and they were there with me every step of the way. Allan and Samera always made themselves available for any questions or concerns I had and worked very hard to get me the best possible outcome in my case. They were very affordable and their service far exceeded the price. Thank you Peyrouton Law!
Nikki Pergaminos
Nikki Pergaminos
22:33 10 Feb 21
Mr. Peyrouton has been my attorney for the last ten years. He is very knowledgeable and has always been accessible. I am proud to know him and have him as my lawyer.
Erin Marrero
Erin Marrero
19:54 10 Feb 21
Super Helpful!!A few months ago my husband and I received a BOGUS! speed ticket. Came here explaining our situation long story short ! The ticket was dismissed and I would definitely recommend to anyone seeking professional help.
MICHAEL ANZ
MICHAEL ANZ
01:44 10 Feb 21
Joy Alarcon
Joy Alarcon
01:39 10 Feb 21
Recently I had a need for a criminal attorney and I hired Peyrouton Law Firm. This was a very stressful situation for me to go through however the entire time I had great service and quick response from this law firm. I received exceptional service also from Samera of their legal team/ paralegal staff.She provided me with steps of the entire process and gave me information to put me at ease. Thankfully my issue is resolved now and I am recommending them to all of my friends and family.
johon cano
johon cano
01:10 10 Feb 21
I had got myself into some serious trouble with criminal charges and was going to lose my awesome job because you cant have a criminal conviction on your record at my job.First I went to some jersey city lawyer who treated me horribly and tried to scare me into paying an inflated fee! my mom was with me and he was even rude to her because she has an accent.We left his office and googled more lawyersWe got really lucky when we found Alan.The guy is so awesome!He fought for me at a third of the price of the other lawyer and I was able to keep my job.He's a gentleman fighter and I totally recommend him.
Madelyn Abdalla
Madelyn Abdalla
00:40 10 Feb 21
Last year was such a difficult year for all of us with the rise of Covid-19 and the pandemic. Most businesses and the Courts were closed for months! If you had a legal matter pending during that time...trying to speak to a live person at the Court to get information or questions answered was nearly impossible! So I finally decided to hire an attorney to help! Alan and Samera are such an amazing team. They took my case and started working on it from day one! They constantly corresponded with the Court through fax and email to stay on top of my case. They made several calls throughout the day and did not stop until someone picked up or called back with information on my case. They always kept me updated and were always so nice to me. My case was over a year old and nothing was being done. As soon as I hired Alan, it was closed within 3 months!!! I'm speechless. Thank you both for doing such great work and for being so diligent. And the result was the icing on the cake! God bless and stay safe.
RUBEN CERVA
RUBEN CERVA
00:03 10 Feb 21
Thank you Alan for saving the day...again! Lol From criminal cases to traffic tickets to immigration issues etc...you always come through for me! And you always get the best results! I wish you more and more success! You'll always have me as a client and as a referral!
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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.