An Essex County woman was recently admitted to the hospital in critical condition after being stabbed several times during a domestic dispute. According to the Newark Police Department, the victim was stabbed multiple times during what is being described as a “domestic violence incident.” Although the details do not describe the nature of the relationship between the parties, the available information provided by the Newark Department of Public Safety includes that the police responded to a call regarding a domestic dispute and then found the victim with multiple stab wounds. However, the alleged assailant fled the scene before law enforcement arrived.
In addition to the criminal implications of this case, the circumstances also may subject the perpetrator to a domestic violence restraining order under New Jersey’s Prevention of Domestic Violence Act (“PDVA”). The PDVA sets forth many different types of conduct that are considered predicate acts of domestic violence in New Jersey. Specifically, N.J.S.A. 2C:25-19 sets forth 19 specific predicate acts of domestic violence: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, cyber-harassment, and any other crime involving risk of death or serious bodily injury. In such cases, the victim may file for a temporary restraining order (TRO) separate and apart from any criminal charges filed against the alleged perpetrator.
If you are accused of domestic violence in New Jersey and are served with a temporary restraining order, the court system will move quickly to determine whether the restraining order should become permanent. When a victim obtains a domestic violence temporary restraining order, the Family Court in the County that issued the restraining order will schedule a Final Restraining Order (FRO) hearing within 10 days.
If you have an upcoming FRO hearing, it is important to know that FRO hearings are trials that fall within the New Jersey Court Rules and New Jersey Rules of Evidence. An experienced domestic violence defense lawyer should be on your side to ensure that your rights are protected and that proper procedures are followed. The domestic violence defense lawyers at the Tormey Law Firm have successfully handled countless domestic violence cases in New Jersey and we are available 24/7 to help you or a loved one defend themselves against domestic violence allegations. Contact us anytime.