Woodbridge Domestic Violence Charges
Attorneys Handling Criminal Charges and Restraining Orders in Woodbridge, NJ
NJ Restraining Order Lawyers
Have you been arrested and charged with assault in Middlesex County? Do you need a lawyer to fight a false restraining order that has been issued against you? We can help.
Our domestic violence defense lawyers represented a client recently who was facing a temporary restraining order (TRO) arising out of Woodbridge, NJ in Middlesex County. As a result, this final restraining order (FRO) matter was scheduled in the Family Division of the Middlesex County Superior Court in New Brunswick, NJ. In addition, our client was charged with a disorderly persons criminal offense for simple assault. This case was prosecuted in the Woodbridge Municipal Court. It is important to understand that these are two completely separate and unrelated matters. The restraining order is a civil matter handled in Superior Court with a different standard of proof than the criminal case. The defendant can win the restraining order case and lose the criminal case or vice versa. He can also win both cases or lose both cases.
When we appeared in Court for the Final Restraining Order Hearing
In this case, we were able to convince the plaintiff not to proceed with the final restraining order trial. She chose to voluntarily dismiss the restraining order case when we appeared in court. When the plaintiff appears in court on a restraining order case she essentially has three (3) options. She can dismiss the case completely. She can negotiate a settlement agreement known as civil restraints which can address things such as living arrangements, custody, parenting time, counseling, division of property, etc. Finally, she can proceed with a restraining order hearing where the Judge will determine if a final restraining order (FRO) should issue.
If the plaintiff wants to dismiss the restraining order, he or she can do so on the record with the Judge. However, they will typically have to meet with domestic violence counselors who will explain the cycle of domestic violence to them and confirm that they are not being threatened, coerced, or forced in any way to dismiss the case. The plaintiff will sign off on some paperwork which explains to them their rights and that they are voluntarily dismissing the case. Then, they will appear in court with the Judge who will question them and confirm that this is how they want to proceed. Then, the restraining order will be dismissed in court.
NOTE: Once a restraining order is dismissed, there is no record of it that needs to be expunged.
When we appeared in Woodbridge Municipal Court for the Simple Assault Charge
However, this did not take care of the criminal case. The criminal case is completely separate and apart from the restraining order matter. The Woodbridge Municipal prosecutor and the police officer who issued the complaint as well as the Woodbridge Municipal Court Judge ultimately decide how the simple assault case will proceed, with input from the victim of court.
We appeared in Woodbridge Municipal Court several times to handle the simple assault matter. The alleged victim failed to appear in court every time and we asked the judge to dismiss the charges. The Judge refused the first two times we appeared in court but on our third appearance he had no other choice but to dismiss the case for lack of prosecution. The prosecutor could not prove the case beyond a reasonable doubt when the victim refused to appear in court and testify.
Fight False Allegations Restraining Order Lawyers, Woodbridge New Jersey
Our client has no criminal record from this, but there is a record of the arrest for the disorderly persons criminal charge of simple assault. He is now in the process of expunging that arrest from his record as well. If you or a loved one needs assistance with a domestic violence case in Middlesex County NJ, contact our offices anytime for immediate assistance at (908)-336-5008. The initial consultation is always provided free of charge.
