Dedicated Counsel Throughout Domestic Disputes
Few disputes are more volatile than those between domestic partners. Sometimes all it takes is a misunderstanding for a simple domestic quarrel to escalate into a situation involving law enforcement, restraining orders, and contempt charges.
My name is Anthony N. Palumbo and I have been representing clients against domestic abuse charges for over thirty-five years. I have lived in Union County all my life and opened a criminal law practice in 1973. I served as a Union County Prosecutor and Municipal Court Prosecutor which has given me a complete familiarity with the legal system, the prosecutors and the local courts.
If you have been involved in a domestic dispute and would like to learn more about the charges you face, contact me at The Law Offices of Anthony N. Palumbo today. Call 908-643-6801 for a free consultation. I have two Union County offices located in Elizabeth and Cranford, New Jersey and I defend clients throughout Union County.
The Legal Process To Obtain A Restraining Order
In order to obtain a restraining order in Union County, the applicant must make a showing of domestic violence before a judge. In New Jersey, domestic violence involves committing one of the following acts:
- False imprisonment
- Criminal restraint
- Terroristic threats
- Sexual assault
- Lewd conduct
- Criminal mischief
- Criminal trespass
- Criminal sexual contact
The judge may then grant a temporary restraining order (“TRO”) against the defendant preventing him from various methods of contact like calling the applicant or going to the applicant’s house. If the TRO is granted, a hearing will be held within 10 days to determine whether the TRO should be converted into a Final Restraining Order. While the defendant’s presence is not required for the issuance of a TRO, the defendant must be present at the final hearing. A Final Restraining Order will only be issued if the judge finds that domestic violence has in fact occurred between the parties, or the defendants admits it.
A Violation Can Result In More Severe Penalties
When a restraining order is violated, the defendant will be charged with criminal contempt. If the defendant commits an additional offense while violating the order, he will be charged with the additional offense and criminal contempt. For example, if the defendant violates the order by stalking the victim, he will be charged with criminal contempt and stalking.
Criminal contempt in domestic violence cases is a fourth degree crime which carries penalties of up to 18 months in prison and $25,000 in fines. If an individual is convicted of a second violation, that person may be charged with criminal contempt and receive a mandatory 30 days in prison. At The Law Offices of Anthony N. Palumbo, I offer skilled and thorough representation to ensure that all my clients’ rights are protected to the utmost degree.
Don’t Face Such Serious Charges Alone
If you have received charges in connection with a domestic dispute, it is imperative to obtain experienced representation immediately. I have been resolving domestic dispute cases in Union County for over three decades and I will exercise the proper balance of sensitive negotiation and aggressive defense necessary to defeat your charge. Contact me at 908-643-6801 for a free consultation at no obligation. I will discuss with you the charges you face and any available avenues of relief.