The term domestic violence covers a range of behaviors. Typically people think about physical or sexual abuse when they hear those words. However, a victim may also be psychologically abused. A harassment or simple assault charge of domestic violence in Brick Township can be brought against someone who threatens, intimidates or isolates another person. This is not limited to partners who are dating, or a spousal relationship. Police can intervene and charge a family member, roommate or caretaker with domestic violence.
The Prevention of Domestic Violence Act was signed into law in 1991. The State of New Jersey defines domestic violence as “the occurrence of one or more of the following 14 criminal offenses…” The offenses are: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment or stalking.
Brick, NJ Restraining Orders
Individuals 18 years of age or older and emancipated minors can obtain a restraining order. This order will be issued by the court. The details of the order vary based on the circumstances of each case. Typically a temporary restraining order (TRO) is granted after the victim is interviewed and a hearing takes place. Once a TRO is in place, a court date is set for a final restraining order (FRO). Both the plaintiff and defendant are notified of the date and are required to appear. A judge will hear testimony from both individuals and decide if a FRO should be granted. In addition to a restraining order, criminal charges may also be brought against a defendant.
If a restraining order has been issued against you, or you are facing criminal charges related to domestic violence, you need legal representation. As a defendant you may be ordered to leave your residence, lose custody of your children and/or pay child support, attend counseling and pay fines.
Contact the experienced attorneys at Villani & DeLuca for a free consultation. Call 732-965-3345 today.