Domestic Violence

Domestic violence is a very serious issue that can occur between parties, whether they are married or not. The parties need not be involved in a romantic relationship at all. In order to first determine whether a person is legally able to obtain a restraining order against another, that person must be a spouse, former spouse, present or former household member, person with whom the victim has a child in common or anticipates having a child in common, or with whom the victim has had a dating relationship.

Predicate Offenses:

If it is determined that the person against whom the victim or alleged victim is seeking a restraining qualifies as explained above, there are 19 different predicate offenses which could qualify a person for a restraining order:

• Homicide
• Assault
• Criminal Coercion
• Terroristic Threats
• Kidnapping
• Robbery
• Criminal Restraint
• False Imprisonment
• Contempt of DV Order
• Sexual Assault
• Criminal Sexual Assault
• Lewdness
• Criminal Mischief
• Burglary
• Criminal Trespass
• Harassment
• Stalking
• Cyber Harassment
• Any Other Crime involving risk of death of serious bodily injury

Under New Jersey law, if you are accused of any of the above predicate offenses or are seeking a restraining order against another person for any of the above predicate offenses, it is extremely important to know what your rights are. As a victim of domestic violence, you will need to proceed to a final restraining order hearing where a judge will take testimony and review evidence presented by you in order to determine if you qualify to obtain a final restraining order against the person you are seeking same from. In the event you are unable to prove your case, the Judge may dismiss the temporary restraining order and you would be left with no protection. Given the risk associated with proceeding without experienced counsel, it is highly advisable to seek same from the Rose Law Firm, LLC where we would be happy to represent you and protect your rights.

As a Defendant, if you are accused of any of the predicate offenses above, the consequences of having a final restraining order entered against you are serious and permanent. Unlike other states, New Jersey does not have an expiration date on restraining orders. You would be fingerprinted, pay a fine, and be placed on a registry of domestic violence offenders. Given the severe consequences and risks of a restraining order being entered against you, it is extremely important to seek experienced and aggressive counsel at the Rose Law Firm, LLC to represent you in your domestic violence matter.