Somerville Domestic Violence Lawyer

Somerville Domestic Violence Attorney

Have you been accused of domestic violence and your spouse or significant has obtained a restraining order against you?  If so, you need an experienced Somerville domestic violence lawyer. 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 domestic violence.

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 with a violation 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 criminal defense 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.​

Defining Domestic Violence in Somerville, NJ

In New Jersey, domestic violence is any act or threat of action regarding sexual, emotional, physical, or economic abuse between individuals who are currently or have previously been in a dating, sexual, residing with or a family relationship. For many individuals, this may be the first time they need to enter the Somerset County Superior Court on North Bridge Street. Our attorneys are here to help this process feel less intimidating and make sure your rights are protected.

In addition, a 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 new 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.  ​

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.”​

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.”​

What Is a Temporary Restraining Order in Somerville?

When facing allegations of domestic violence in Somerville, New Jersey, it is important to understand how the state law defines a Temporary Restraining Order, or a TRO. In New Jersey, a TRO is an official legal order that can be issued by a judge who believes that the existing circumstances are enough to warrant such an action. To protect the alleged victim, the judge can grant a TRO that can:

• Forbid the alleged abuser from returning to the scene of the domestic violence incident, as well as any other physical locations deemed necessary by the judge.

• Prohibit the alleged abuser from making any future acts of domestic violence.

• Forbid the alleged abuser from possessing any kind of firearm or weapon.

• Forbid the alleged abuser from taking part in any kind of communication or contact with the victim or with the relatives of the victim, either in person, over the telephone, or in writing. This also includes cases where the alleged abuser has someone else make contact on their behalf.

• Require the alleged abuser to pay temporary child support to the victim if such a requirement aligns with the circumstances of the case.

• Require the alleged abuser to reimburse the victim for any medical costs that might have occurred due to an injury caused by the alleged abuser.

• Offer the victim exclusion possession of the residence involved in the case.

• Offer the victim temporary custody of any children involved in the case.

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.​

FAQs About Somerville, NJ Domestic Violence Laws

What Specific Offenses Can Be Considered Domestic Violence in NJ?

There are several offenses that can be considered acts of domestic violence in New Jersey if the act is committed against an intimate partner, family member, or someone the defendant used to be in an intimate relationship with. These offenses can include assault, sexual assault, kidnapping, stalking, false imprisonment, harassment, burglary, criminal mischief and criminal trespass.

Is Domestic Violence Common in NJ?

Yes, in New Jersey, acts of domestic violence are quite common. In 2023 alone, there were 70,828 incidents of domestic violence reported in the state. This was a 5% increase from the number of incidents of domestic violence that were reported the previous year. In a large portion of these cases, minor children were involved, and arrests of the alleged offender were made.

How Can an Attorney Help You Fight an Allegation of Domestic Violence?

Fighting domestic violence allegations can be complex, as they are often based on “he-said, she-said” situations. When you are accused of domestic violence, you’ll need an attorney who can review the facts of the case and develop a strong defense strategy. These defenses may assert that the alleged victim consented, that you were acting in self-defense or in the defense of others, or that a simple misunderstanding took place.

What Are the Penalties of a Domestic Violence Conviction?

There are several penalties you might face in Somerville for a domestic violence conviction, depending on the nature of the alleged incident itself. These penalties can include fines, jail time, probation, and having a restraining order filed against you. You may also find yourself losing visitation rights to minor children.

Contact a Somerville Domestic Violence Defense Lawyer Today

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