In defending a domestic violence complaint, many New Jersey criminal lawyers focus on defending against the specific allegations of domestic violence. That remains the best practice and is the primary focus of a proper domestic violence defense. However, it is well advised to never overlook the fact that the Court must find that a permanent restraining order is necessary to protect against an immediate danger or to prevent further abuse.
Often, the parties to a domestic violence case do not live together, do not live in the same area, and have no mutual contacts at their jobs. They may have no or few mutual friends, especially if the domestic violence complaint arises in a fairly new relationship. We have had a great deal of success in defending domestic violence complaints by demonstrating that the parties do not live near each other, that our client has no interest in seeing the plaintiff, that the relationship is over, and that our client has “moved on.” It is very helpful for the defendant to testify and explain to the judge presiding over the final domestic violence hearing that there is absolutely no reason for or interest by the parties in having any further contact. It is important to keep in mind that the plaintiff must satisfy the elements of “immediate danger or to prevent further abuse.” Defense counsel must stress to the presiding judge that these elements cannot be assumed, and that there is no legal presumption in effect which allows the court to make these findings without sufficient evidence.
We thoroughly prepare every domestic violence client in order to gain the maximum value for their testimony at the final restraining order hearing. Defending any case is not “open mike night” at the improv. If you are a client of our office and propose to give testimony, rest assured that you will be fully prepared to make an excellent presentation to the court, so as to give your defense the best possible chance of success.
For individuals defending a domestic violence matter, or facing state criminal prosecution or sentencing in the Superior or Municipal courts of New Jersey, or who are appealing their domestic violence or criminal convictions before the Superior Court, the New Jersey Appellate Division, or the Supreme Court of New Jersey, it is critical to have an experienced state and municipal New Jersey domestic violence and criminal law attorney represent you. The experienced domestic violence and criminal defense lawyers of Schwartz & Posnock appear in all State and Municipal criminal courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment.