Restraining Order Attorneys in Evesham, NJ Protecting Your Interests During Domestic Violence Proceedings in Burlington County and Throughout New Jersey
Facing domestic violence allegations in Burlington County can suddenly upend your life, threatening your freedom, reputation, and family relationships. When confronting such serious charges, having experienced Evesham Township domestic violence lawyers by your side is critical. At the Davis Law Firm, LLC, we understand that domestic violence accusations often arise during emotionally charged situations, leading to severe and far-reaching legal consequences. With over 20 years of combined experience and attorney Mark G. Davis’s recognition as a New Jersey Supreme Court Certified Criminal Trial Attorney, our team is prepared to help you navigate these complex legal matters.
Domestic violence and restraining order proceedings in Evesham Township move quickly through the court system, often leaving the accused with little time to prepare an adequate defense. These proceedings can result in permanent restraining orders, criminal charges, loss of child custody, housing displacement, and career implications. The emotional and legal complexity of these cases requires representation from attorneys who understand both the letter of the law and the human elements involved.
Don't face these challenging legal matters alone. Time is critical in domestic violence cases, and early intervention often leads to better outcomes. Contact our experienced restraining order attorneys in Evesham, NJ, today for a confidential consultation to discuss your case and learn how we can help protect your rights and future.
Understanding Domestic Violence and Restraining Orders in Evesham Township, NJ
When facing allegations of domestic violence in Burlington County, understanding the legal framework is essential. Our Evesham Township domestic violence lawyers at the Davis Law Firm, LLC provide comprehensive guidance through these complex legal matters, helping you navigate both the emotional and legal challenges ahead.
Under New Jersey's Prevention of Domestic Violence Act, domestic violence is defined as the occurrence of one or more specific criminal offenses committed against a person protected by the Act. Protected persons include current or former spouses, household members, dating partners, or co-parents. The Act identifies 19 predicate acts that qualify as domestic violence, including:
- Assault and harassment
- Stalking and cyber-harassment
- Terroristic threats
- Criminal restraint
- Sexual assault
- Criminal mischief and trespass
Many people mistakenly believe that domestic violence must involve physical harm. However, our restraining order attorneys in Evesham, NJ regularly defend clients against serious allegations of emotional and psychological abuse that involve persistent patterns of intimidation, isolation, or controlling behaviors.
The Importance of Restraining Orders in Domestic Violence Cases
Restraining orders serve as a court's primary mechanism for protecting alleged victims of domestic violence. Temporary Restraining Orders (TROs) provide immediate protection while the court determines whether a permanent order is warranted. These emergency orders are typically issued based solely on the accuser's testimony, without the accused present, and they remain in effect until the Final Restraining Order hearing.
The process of obtaining a Final Restraining Order (FRO) involves a court hearing where both parties can present evidence and testimony. Unlike criminal proceedings, which require proof "beyond reasonable doubt," restraining order hearings use the lower "preponderance of evidence" standard, making them easier to obtain. This significant difference makes securing experienced legal representation particularly important.
Having a restraining order filed against you carries serious, long-lasting consequences. FROs in New Jersey have no expiration date and create a permanent record in the state's Domestic Violence Registry. These orders can restrict your access to your home and children, permanently prohibit firearm ownership, and impact employment opportunities, housing options, and immigration status.
The Process for Defending Against Domestic Violence Allegations in Evesham Township, NJ
The legal process for domestic violence cases in Evesham Township follows a structured timeline that demands prompt, strategic action. Initially, police respond to an alleged incident and may make an arrest based on visible injuries or credible threats, even without witnessing the incident. Following this, a TRO may be issued by a judge, typically ex parte (without you present).
Within 10 days, a Final Restraining Order hearing will be scheduled. This critical proceeding gives both parties the opportunity to present evidence, testimony, and witnesses. Running parallel to this civil process, the Burlington County Prosecutor's Office may file criminal charges related to the alleged domestic violence incident.
Having experienced legal counsel throughout this process is essential. Your attorney can help gather evidence, prepare testimony, cross-examine witnesses, and present legal arguments that protect your rights and future. Without proper representation, you risk severe, permanent consequences that could affect virtually every aspect of your life.
First Steps After Being Accused or Served With a TRO
The actions you take immediately after being accused of domestic violence or served with a TRO can significantly impact the outcome of your case. Here are crucial steps to protect your legal standing:
DO:
- Comply completely with all TRO provisions, even if you believe they're unfair
- Document all relevant communications and incidents
- Gather evidence that supports your position
- Identify potential witnesses who can testify on your behalf
- Contact qualified legal counsel immediately
DON'T:
- Contact the protected party under any circumstances
- Discuss the case on social media or with mutual friends
- Return to your residence if the order prohibits it
- Attempt to negotiate directly with the accuser
- Violate any provision of the order, even for seemingly innocent reasons
Adhering strictly to all TRO guidelines is absolutely essential. Even minor violations can result in criminal contempt charges, complicating your defense and potentially leading to jail time. Remember that TROs are legally binding court orders, regardless of whether you agree with the allegations or restrictions.
Consequences of a Domestic Violence Conviction or Final Restraining Order in Evesham Township, NJ
The impact of domestic violence charges and restraining orders extends far beyond the immediate court proceedings. Understanding these potential consequences highlights the necessity of securing skilled legal representation from the earliest stages of your case.
Legal Consequences
A domestic violence conviction in New Jersey can result in significant criminal penalties, depending on the specific charges. These may include:
- Incarceration ranging from 30 days for disorderly persons offenses to 10+ years for serious indictable offenses
- Substantial fines up to $15,000
- Mandatory anger management or domestic violence counseling
- Probation with regular reporting requirements
- Court-mandated community service
Beyond these immediate penalties, a domestic violence conviction creates a permanent criminal record that follows you indefinitely. This record is accessible through background checks conducted by potential employers, landlords, and educational institutions, potentially limiting your opportunities for years to come.
New Jersey law also mandates the forfeiture of firearms upon issuance of an FRO, with a permanent prohibition on future ownership or possession. This restriction applies regardless of whether the underlying allegations involved weapons or threats of violence, representing a permanent curtailment of constitutional rights.
How the Qualified Restraining Order Attorneys in Evesham, NJ, at the Davis Law Firm, LLC Can Help With Your Case
At the Davis Law Firm, LLC, our approach to domestic violence defense combines compassion, strategy, and aggressive advocacy. We understand the sensitive nature of these allegations and the significant impact they can have on every aspect of your life.
Compassionate and Confidential Representation
We recognize that facing domestic violence allegations can be emotionally devastating. Our attorneys provide a judgment-free environment where you can speak openly about your case, knowing that all communications are strictly confidential. We take time to listen to your concerns, answer your questions, and provide realistic assessments of your situation.
Personalized Defense Strategies
No two domestic violence cases are identical. Our Evesham Township domestic violence lawyers develop customized defense strategies based on the specific circumstances of your case. This may include:
- Challenging the credibility of evidence and witness testimony
- Identifying inconsistencies in the accuser's statements
- Gathering evidence that contradicts the allegations
- Presenting character witnesses who can testify to your non-violent nature
- Negotiating for reduced charges or alternative resolutions when appropriate
Our extensive courtroom experience and understanding of prosecution tactics allow us to anticipate challenges and proactively address them, strengthening your defense at every stage of the legal process.
Aggressive Advocacy in Court
When your future is at stake, determined legal advocacy is essential. Our attorneys are skilled litigators with extensive experience in Burlington County courts. We provide rigorous representation at every hearing and proceeding, presenting your side of the story effectively and defending your rights.
Why Choose Us?
Selecting the right attorney for your domestic violence or restraining order case is one of the most important decisions you'll make. The Davis Law Firm, LLC offers distinct advantages that set us apart from other firms in Burlington County.
Attorney Mark G. Davis is certified by the New Jersey Supreme Court as a Criminal Trial Attorney, an elite designation held by only a few hundred out of approximately 100,000 lawyers in New Jersey. With over 20 years of combined legal experience and a proven history of success in both state and federal courts, our attorneys have the experience necessary to handle complex domestic violence defense cases.
As a family-run law firm led by brother-and-sister trial team Mark G. Davis and Nikki J. Davis, we bring a personal touch to legal representation for serious situations. Our attorneys communicate clearly without confusing legal jargon, ensuring you can fully understand the details of your case and your options for defending your rights. We offer representation in both English and Spanish, enabling us to better serve our diverse community.
Our commitment to clients includes prompt and responsive communication, and we’re known for returning calls and emails the same day. We offer free initial consultations for domestic violence cases and convenient payment options, including major credit cards.
Contact Our Experienced Evesham Township Domestic Violence Lawyers for a Free Consultation Today
When facing domestic violence allegations or restraining order proceedings in Burlington County, time is of the essence. Early legal intervention often leads to better outcomes and can sometimes prevent the issuance of a Final Restraining Order altogether. Our restraining order attorneys in Evesham, NJ, stand ready to defend your rights, protect your reputation, and guide you through this challenging time with skill and compassion.
Don't face these complex legal matters alone. Contact the Davis Law Firm, LLC today to schedule your free, confidential consultation. Call our office or complete our secure online contact form to take the first step toward resolving your case and rebuilding your life.
