Show me a family without drama, and I will show you a family without feelings. This applies to any relationship between people. And without an exit strategy for heated situations on the home front, circumstances and emotions can escalate quickly and unpredictably. Suddenly, the cops have arrived to exert control. And the next thing you know, a judge has issued a Temporary Restraining Order (TRO).
The burdens of a TRO are extensive. Someone will not return home or freely spend time with children. Meanwhile, additional personal restrictions remain in place while a Temporary Restraining Order awaits final resolution.
Lawyer Up Now
Having practiced law since 2010, Michael Smolensky, Esquire, helps his clients avoid various pitfalls in this setting. For example, some people mistakenly assume they can handle court on their own. But this usually leaves the defendant vulnerable while the hole grows deeper. Unless the Domestic Violence Complaint is dismissed and the Temporary Restraining Order vacated, a Final Restraining Order (FRO) will remain in full force indefinitely.
Attorney Smolensky strategizes for his clients to sidestep severe sentencing enhancements for Domestic Violence convictions. These enhancements can include, but are not limited to, permanent restraints on contact with the plaintiff as well as the plaintiff’s friends, co-workers, relatives, and minor children. Alternatively, a judge can order risk assessments and parenting time orders before valuable time with children resumes. For that matter, the law allows absolute restraints on contact with beloved pets, too.
Additionally, Mr. Smolensky works to protect the Second Amendment rights of his clients, because a DV conviction involves the forfeiture of rights ordinarily protected by the U.S. Constitution. Furthermore, a court can order the defendant to attend professional counseling, and award the plaintiff exclusive possession of a residence. Attorney Smolensky helps his clients avoid these and many other penalties that can accompany a Final Restraining Order because using a sledgehammer on a job that requires a jab saw leads to destructive results.
What is Domestic Violence under New Jersey Law?
“Domestic Violence” in New Jersey involves the commission of an enumerated crime by an adult or an emancipated minor against a person protected under the Prevention of Domestic Violence Act of 1991, N.J.S.A. 2c:25-17 to 2c:25-35.
This law can protect against domestic violence at the hands of a spouse, ex-spouse, any other household member, and a person with whom the plaintiff has had a dating relationship. Likewise, it protects against a person with whom the plaintiff has a child, or with whom the plaintiff anticipates having a child, if one of the parties is pregnant.
Generally speaking, any crime that involves the risk of death or serious bodily injury can serve as a predicate offense. In addition, harassment, cyber-harassment, and stalking are also enumerated offenses.
Protect Your Freedom and Reputation
Domestic violence charges stand in the way of your freedom and the reputation you spent your life earning. Fighting in court requires more than a wing and a prayer. It requires strategy. Attorney Michael Smolensky will consider all available options, develop a strategy to defend you in court, and tell your side of the story. For your confidential consultation, call now—(856) 812-0321.