DOMESTIC VIOLENCE

Have you been accused of domestic violence and your spouse or significant other is filing a restraining order against you?  Or have you violated a restraining order in New Jersey? If so, you need a tough and experienced criminal defense attorney. Our lawyers are experienced in criminal and domestic violence law and have represented people throughout New Jersey who face a variety of criminal charges, including charges involving domestic violence. 

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In New Jersey, people involved in contentious divorce cases and other related arguments frequently file for a domestic violence restraining order and if one is granted, you can be charged for simply saying hello to an ex-spouse. As a result, you can be placed on probation and sentenced to jail. As these cases are decided by a judge and not a jury, you need an experienced attorney to represent you on a contempt charge and protect you from having a restraining order issued against you. The former prosecutors at our firm can help you navigate these issues.

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In addition, new law that expands the ability of victims of stalking and cyber harassment to obtain restraining orders in New Jersey has been enacted.  Previously, restraining orders could only be obtained if a victim and defendant shared a close relationship, either as members of the same household, spouses, or a couple in a dating or co-parenting relationship.  Pursuant to the new Sexual Assault Survivor Protection Act, a restraining order could also be obtained for victims of sexual assault.  The newly law eliminates the prerequisite that a victim establish that they either had a domestic relationship with a perpetrator or was sexually assaulted by a perpetrator for the issuance of a restraining order.  

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Victims of stalking and cyber harassment, a restraining order can be obtained based upon the allegation of such crimes by filing an application with the Superior Court.  Under the new law, stalking is defined as "purposefully or knowingly engaging in a course of conduct directed at or toward a person that would cause a reasonable person to fear for the reasonable person's own safety or the safety of a third person, or suffer other emotional distress, because the conduct involves: directly, indirectly, or through third parties, by an action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person's property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or towards a person."

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Cyber harassment is defined as "conduct that occurs, while making one or more communications in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, that involves threatening to inflict injury or physical harm to any person or the property of any person; knowingly sending, posting, commenting, requesting, suggesting, or proposing any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to the reasonable person; or threatening to commit any crime against a person or the person's property."

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Wronko & Loewen attorneys have significant experience in defending applications for temporary and final restraining orders under the existing domestic violence law, as well as the newly enacted law.

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Wronko & Loewen offers free consultation if you’ve been charged with a domestic violence contempt charge or had a temporary restraining order issued against you. See one of our skilled domestic violence defense lawyers to discuss your case today.