Restraining orders can significantly impact your rights

by | Jan 12, 2021 | Criminal Defense

Disputes between spouses, ex-spouses, unmarried couples or family members that reside together in New Jersey have the potential to become heated and may ultimately become physical. Before you know it, the police are called, and you are being accused of committing domestic violence.

What happens if you are accused of domestic assault?

A person who believes they are the victim of domestic violence can seek a restraining order against the person they accuse of committing the act of violence. In addition, depending on the circumstances a person can file a criminal case accusing a person of committing the same act of violence. If the alleged victim is visibly injured, a police officer must sign the criminal complaint. The alleged victim will be interviewed by a domestic violence staff member. After this, a hearing will be held before a judge, and a restraining order may be granted.

The effect of a restraining order

A restraining order can significantly impact the life of the accused. The accused may be prohibited from residing with the alleged victim, even if they share a residence. The accused cannot go to the alleged victim’s workplace. The accused can have no contact with the alleged victim, whether this is oral, written personal or electronic contact. The accused may have to pay child support and attend substance abuse counseling. The accused may also be prohibited from possessing a firearm or other weapon.

Seek help if you are accused of domestic assault

As you can see, being accused of committing an act of domestic violence is a very serious situation. A restraining order can seriously limit your rights and day-to-day life. For more information on domestic assault in New Jersey, you can refer to the information found on our website.