Criminal Sexual Contact Allegations of Domestic Violence
Predicate Acts of Domestic Violence in NJ – Criminal Sexual Contact
Criminal Sexual Contact is one of the predicate acts of domestic violence in New Jersey which constitutes sexual assault but does not involve penetration. If you or a loved one has a restraining order 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. As a result, our lawyers are ready and able to assist you with your restraining order case immediately. We represent clients throughout New Jersey including in Edison, Woodbridge, Old Bridge, and Piscataway. 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 expert 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’, and ’15 and is a 10.0 rating.
Here is a review from one of the many satisfied restraining order clients of the Tormey Law Firm:
Posted by Maria
“My brother had actually consulted and hired Mr Travis Tormey in regards to a TRO against him. Things got a bit more complicated whereas I needed to contact the law office several times and spoke with Joanne, who was extremely helpful, patient and totally understanding. When I had to speak to Travis I would text him and he would communicate with me in a timely fashion considering he was busy in court or had to wait to hear from his partners, who were also involved in the case. Overall the professionalism and expertise in their field was exceptional. In court they defended my brother with such compassion and dedication to their client. At the conclusion, case was dismissed thanks to both Travis and Tom. They demonstrated their strong capabilities and passion that I feel merit them a five star review. I would definitely recommend this law firm to anyone in need of legal advice or defense.”
Predicate Acts of Domestic Violence in NJ: Criminal Sexual Contact
The New Jersey statute which governs criminal sexual contact is N.J.S.A. 2C:14-3. The statute provides, in pertinent part:
a. An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2 a.(2) through (7).
Aggravated criminal sexual contact is a crime of the third degree.
b. An actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2 c. (1) through (4).
Criminal sexual contact is a crime of the fourth degree.
Proving Criminal Sexual Contact in NJ Restraining Order Case
As the above statute states, the predicate act of criminal sexual contact requires the plaintiff to prove a violation of N.J.S.A. 2c:14-3. However, this statute refers back to N.J.S.A. 2C:14-2 which is aggravated sexual assault. As a result, basically anything that would have been an aggravated sexual assault but does not include penetration can be argued as criminal sexual contact.
NOTE: It is also important to remember that, although criminal sexual contact is a criminal charge and we use the criminal statute under N.J.S.A. 2C:14-3, 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.
Morristown Restraining Order Attorney – We Can Help
For additional assistance 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.