The Law Offices of Jonathan F. Marshall
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Criminal Proceedings & Restraining Orders

Monmouth County Domestic Violence Criminal Lawyers

Individuals are often confused when it comes to the interplay between a restraining order and criminal proceedings. The biggest piece of information that you need to know in this regard is that neither a temporary restraining order nor a final restraining order are criminal in nature. A restraining order is a civil order that prohibits an individual from having contact with another individual. Criminal charges can arise in two main contexts in conjunction with a restraining order. The first way is where some sort of assault or threat offense is filed in conjunction at the same time that the restraining order is issued. The criminal conduct is typically the incident of domestic violence that is alleged to be the basis or reason why a restraining order should be issued. The second way a criminal offense arises in this context is where someone is charged with criminal contempt for violating a restraining order.

Our team of former prosecutors and skilled criminal lawyers have over 100 years of collecting experience defending both varieties of domestic violence criminal charges. We handle arrests occurring anywhere in the county including towns like Keyport, Middletown, Holmdel, Rumson, Keansburg and Matawan. To speak to an attorney in our Freehold Office call 732-462-1197 any time 24/7. The initial consultation is without obligation or a fee.

Criminal Charges Stemming from the Incident of Domestic Violence

The domestic violence act sets forth those crimes which constitute “domestic violence”. A temporary restraining order cannot be issued unless an incident of domestic violence, that is, a qualifying criminal violation has occurred. As a result, a criminal charge is often filed at or about the same time that the temporary restraining order is issued. If the charge is a disorderly persons offense like harassment or simple assault, the offense is heard in the municipal court of the town where the incident occurred. If the offense is an indictable crime (e.g. aggravated assault), then the charge is heard at the Monmouth County Superior Court in Freehold. These criminal proceedings are entirely separate from a Final Restraining Order Hearing which is a civil proceeding to determine whether the restraints shall become permanent.

Criminal Charges As a Result of Contempt

Another scenario wherein a criminal offense arises is where there is an alleged restraining order violation. More specifically, where an individual disregards the requirements of a restraining order, he may be charged with criminal contempt. A charge of this nature is criminal in nature, typically giving rise to a 4th degree felony, which is heard at the Monmouth County Superior Court.

Freehold Restraining Order Criminal Attorneys

If you are in need of representation in a restraining order hearing or with respect to related criminal charges, our lawyers are skilled in this realm. We employ a team of defense lawyers that includes former prosecutors and a staff that has handled thousands of domestic violence cases. An attorney is available for telephone conversations 24/7 at 732-450-8300 (Red Bank Office) or 732-449-2292 (Wall Township Office). Give us a call anytime for assistance.