Bloomfield Simple Assault and TRO Defense Lawyers

Handling Domestic Violence Hearings and Criminal Charges in Bloomfield, NJ

Are you facing simple assault criminal charges and a temporary restraining order in Bloomfield in Essex County? Contact us now for help.

The Essex County domestic violence defense team at The Tormey Law Firm just achieved another great outcome for a client who was accused of simple assault in Bloomfield, New Jersey.  Our client was facing a charge for the disorderly persons offense of simple assault in Bloomfield municipal court as well as a restraining order in Essex County Superior Court due to the allegations of domestic violence.

Essentially, our client was accused of causing bodily injury to her boyfriend which left a cut on his arm. When the police responded to the scene, they effectuated a mandatory arrest due to the presence of an injury. The alleged victim also requested a restraining order. Thus, our client was facing not only criminal charges but also had to defend herself against the allegations set forth in the temporary restraining order. Fortunately, The Tormey Law Firm began handling the case and through our comprehensive, diligent and zealous efforts, both the restraining order and assault charges were dismissed.

Domestic violence allegations in New Jersey often lead to two separate cases – one that proceeds as a criminal matter and another that goes forth in family court pursuant to the Prevention of Domestic Violence Act (“PDVA”). In other words, the consequences of an allegation of domestic violence can result not only in a conviction that is maintained as part of the defendant’s criminal record but also a Final Restraining Order against the defendant. Under New Jersey domestic law, N.J.S.A. 2C:25-19 (1) through (19) sets forth nineteen acts that are considered domestic violence: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, cyber-harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, and any other crime involving risk of death or serious bodily injury.

In our client’s recent case, she was accused of simple assault which, pursuant to N.J.S.A. 2C:12-1(a) occurs if a person: 1) attempts to cause or purposefully, knowingly or recklessly causes bodily injury to another; or 2) negligently causes bodily injury to another with a deadly weapon; or 3) attempts by physical menace to put another in fear of imminent serious bodily injury. The penalties for a conviction of simple assault include a jail term of up to (6) six months as well as a fine of up to $1,000 and these penalties are imposed separate and apart from any final restraining order that may be entered as the result of the same allegations the led to the simple assault conviction.

The simple assault charge was handled in the Bloomfield Municipal Court. The prosecutor, the police officer, and the Judge all have input to determine how the case proceeds as well as the alleged victim. In this case, the victim wanted the charges dismissed and refused to cooperate with the prosecution. Based on this, the State could not prove the case beyond a reasonable doubt and the prosecutor had no choice but to dismiss the charges.

With regards to the restraining order, we appeared in the Family Division of the Essex County Superior Court in Newark and the plaintiff dismissed the case. First, he had to speak to domestic violence counselors to confirm that he knew his rights and the cycle of domestic violence and that no one was forcing or threatening him to dismiss the case. Once that is done, he appears on the record before the Judge and dismisses the restraining order.

Attorney Needed – Restraining Order, Simple Assault Charges in Bloomfield NJ

If you are accused of domestic violence in Essex County, The Tormey Law Firm can help. Our experienced domestic violence and restraining order defense attorneys have successfully handled matters in courts across New Jersey on behalf of clients both criminal charges and restraining orders as the result of one allegation. Thus, whether you were issued a complaint alleging a crime of domestic violence, served with a temporary restraining order, or both, don’t hesitate to call The Tormey Law Firm at (908)-336-5008. We are available around the clock to discuss your case, prepare a defense strategy, and fight to get the case dismissed.