Criminal Restraint As Domestic Violence NJ
Predicate Act of Domestic Violence – Criminal Restraint
A predicate act of domestic violence in NJ is one of the things a plaintiff must show in order to get a final restraining order in NJ. One of the potential predicate acts of domestic violence is known as criminal restraint which involves restraining another person against their will. Criminal charges for either criminal restraint or false imprisonment often arise in situations involving domestic violence. For example, if you got into an argument with your girlfriend or spouse and then allegedly prevented her from leaving the room – even for a moment – you could be charged with one of these crimes. Additionally, since the charges stemmed from domestic violence, the alleged victim could seek to have a restraining order imposed against you. This means that you could face both criminal charges for the criminal restraint or false imprisonment offense and a restraining order for the underlying act of domestic violence.
If you or a loved one has a restraining order or domestic violence case in New Jersey and are in need of legal assistance, the Tormey Law Firm LLC can help. Our experienced restraining order attorneys have handled these types of cases in practically every county in the State of NJ including in East Rutherford, Roselle Park, Saddle Brook, and Franklin Lakes. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. Contact our offices anytime for a free initial consultation at (908)-336-5008.
Travis J. Tormey has been cited in numerous publications including the Star Ledger, Daily Record, Bergen Record, Asbury Park Press and AOL News. He has also appeared as a legal resource on CBS radio with regards to domestic violence in New Jersey. Mr. Tormey has received numerous awards from the American Trial Lawyers Association and the National Association of Criminal Defense Attorneys. He also received the clients choice awards from Avvo.com in ’13, ’14’, ’15, ’16 and is a 10.0 rating.
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Posted by anonymous
“Chris was respectful, courteous, well spoken and very professional. He slowly explained the entire process, prepped me patiently before the court hearing and it looked like he genuinely cared about his work. Afterwards he stuck around to answer any questions I may have. I highly recommend Chris if you want a lawyer you feel like you can trust and not just take your money. He made the experience very personable and even gave me his direct cell phone. If I ever need another lawyer in NJ I will call Chris for sure!”
Predicate Acts of Domestic Violence in NJ: Criminal Restraint
One of the enumerated predicate acts of domestic violence in New Jersey is known as criminal restraint. Criminal restraint in New Jersey is governed by N.J.S.A. 2C:13-2, which provides, in pertinent part:
A person commits a crime of the third degree if he knowingly:
a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
Proving Criminal Restraint at a Restraining Order Trial in NJ
In order to establish criminal restraint as a predicate act of domestic violence in a NJ restraining order case, the plaintiff must show that either sections (a) or (b) were violated above. Basically, criminal restraint requires a person to unlawfully detain another person against their will using force or threats.
NOTE: It is important to remember that, although criminal restraint is a criminal charge and we use the criminal statute under N.J.S.A. 2C:13-2, the plaintiff must only establish the civil standard of “preponderance of evidence” in a restraining order case because a restraining order is civil in nature. Preponderance of evidence is a “more likely than not” standard so the plaintiff must establish 51% that the offense was committed and that is sufficient in a civil case.
In addition to proving a predicate act of domestic violence (in this case criminal restraint), a plaintiff also must prove at trial by a preponderance of the evidence that there is a prior history of violence between the parties and that he or she is reasonable to be in fear of the defendant and need a restraining order for protection. If a plaintiff can prove all of these elements, then a Judge should issue a final restraining order which is permanent in NJ and never expires.
Help with Restraining Order in Bergen County NJ – Contact the Tormey Law Firm Now
For more information regarding your restraining order case in NJ, contact the Tormey Law Firm directly at (908)-336-5008. The initial consultation is always provided free of charge.