Usually when police are called to the scene of a domestic dispute and observe an injury, someone will be arrested; usually it’s the man. Even if the other party does not want to pursue the case, the Court is unlikely to dismiss the charge.
You may find yourself the subject of a restraining order, unable to return home, yet forced to pay mortgage on a home you cannot enter. Any attempt to contact the other party or your children in person, either by phone or by email may result in a violation of the restraining order. After two violations, you will automatically be sent to jail.
If There’s A Way Out, We’ll Find It
Call Mark M. Cheser Toll Free:
(908) 687-6650
If you have been charged with domestic violence or have been served with a restraining order, it is extremely important to speak to an attorney as soon as possible. Contact Mark M. Cheser, Esquire, Counselor at Law, to arrange a free consultation about your domestic violence charge.
One Offense, Two Venues
People arrested for domestic violence typically face charges in both Criminal Court and Family Court. If the other party requested a temporary restraining order, it may be made permanent within 48 hours unless you contest it at a hearing.
Our criminal defense lawyer will represent you at the Family Court hearing and fight the criminal charges in Municipal or Superior Court.
An Early Look At The Case Against You
Contesting a temporary restraining order often helps us prevail in criminal charges because it allows us to see the evidence the state has against our clients early in the process.
When applicable, we will use the discovery process to obtain videotapes or police radio transmissions that are usually only kept for 30 to 90 days. By the time a public defender is assigned to your case, this evidence may be long gone.
Don’t let a domestic violence charge ruin your life. Contact us for a free consultation with a Certified Criminal Trial Attorney.