Michele Finizio

NJ Criminal Defense Attorney

Domestic Violence

Domestic Violence Defense Lawyer in Cherry Hill, NJ Advocates for The Rights of Clients Accused of Family Violence in Burlington County, Camden County, Gloucester County, and Throughout NJ

Allegations of domestic violence are unique because the defendant can be subject to serious punishment well before the case is tried before a judge and jury. Even before you are charged, you will often face a temporary restraining order (TRO). In domestic violence cases, the judge can issue a TRO almost immediately and without giving the alleged assailant an opportunity to present a defense. You could lose your right to see your children or to continue living in your home. Contact our New Jersey domestic violence attorney today for a free initial consultation.

Time is therefore always critical in domestic violence cases. Your New Jersey domestic violence attorney has only 10 days after a TRO is issued to build your defense and prevent the order from becoming final. The Law Offices of Michele Finizio will immediately begin investigating your case to fight the charges against you. The firm understands the implications of a domestic violence charge—both criminal charges and the security of your family are at stake.

With over 20 years of hands-on experience fighting to protect clients’ rights, The Law Offices of Michele Finizio knows what it takes to successfully fight your charges. You can expect an experienced New Jersey Domestic Violence Attorney who knows how to handle these emotional and complex cases.

The Law Offices of Michele Finizio is passionate about using our legal knowledge and strong negotiation skills to our client’s advantage. Contact the firm today to schedule a free initial consultation with a New Jersey domestic violence attorney who knows how the New Jersey criminal justice system works.

Facing a Domestic Violence or Restraining Order Matter And Have Questions? We Can Help. Contact The Law Offices of Michele Finizio Today At 856-888-9059 Or Fill Our Our Convenient Online Contact Form For A Free Consultation About Your Case.

Domestic Violence as a Basis for Restraining Orders: N.J.S.A. 2C:25-17

A judge can issue a temporary restraining order upon a very slim evidentiary showing. If there is any reasonable possibility that an act of domestic violence occurred (generating a need for protective measures), the TRO will likely be issued. New Jersey’s domestic violence protection act protects victims from abuse by:

  • A spouse or former spouse
  • A member of the victim’s household (or former member)
  • A person with whom the victim is expecting a child, or shares a child
  • A person with whom the victim has, or has had, a dating relationship

The domestic violence act specifically lists certain offenses that, when allegedly inflicted on a protected victim, are deemed to be acts of domestic violence. Those offenses include:

  • Homicide
  • Assault
  • Sexual assault
  • Criminal sexual contact
  • Terroristic threats
  • Kidnapping
  • False imprisonment
  • Criminal restraint
  • Lewdness
  • Criminal mischief
  • Criminal trespass
  • Burglary
  • Robbery
  • Harassment
  • Stalking
  • Criminal coercion
  • Violation of a restraining order

In any domestic violence situation, an experienced New Jersey domestic violence attorney can help you take the steps necessary to protect your rights. The Law Offices of Michele Finizio can help you fight both the finalization of the restraining order and the underlying domestic violence charges. The firm brings the force and skill of more than 20 years of experience to bear on your case.

The Harsh Consequences of Domestic Violence Charges

The harsh consequences of a domestic violence charge can begin immediately. Your TRO can prevent you from returning home, seeing your children, or even visiting places where you commonly spend time with family and friends. Many people mistakenly think that a domestic violence TRO can only last 10 days—so there isn’t a need to take the order seriously. This is a mistake.

A TRO can only last 10 days—after which it can be finalized and impose harsh conditions that can follow you indefinitely. A final restraining order can include provisions that:

  • Require you to move out of your home
  • Eliminate or strictly limit your right to spend time with your children
  • Only allow you to remove your personal belongings from the home in the company of a police officer
  • Require you to forfeit your right to possess firearms
  • Subject you to fingerprinting for inclusion in a domestic violence database
  • Require alcohol and/or anger management counseling
  • Require you to continue paying the living expenses of the alleged victim and your children
  • Restrict your ability to be within a certain radius of the victim—which requires you to be alert to whether the victim is present wherever you are and can restrict your ability to attend church, family events, community events, etc.

Domestic violence cases can begin simply enough, based upon “he-said/she-said” testimony. Once law enforcement and the courts are involved, however, the legal consequences can continue to escalate even once the dispute has been resolved. The Law Offices of Michele Finizio is here to protect you from the serious consequences of a domestic violence conviction which, in addition to the restraining order’s restrictions, can include:

  • Jail time based on the underlying offense alleged
  • Monetary fines
  • Ongoing psychological evaluation and counseling
  • A permanent criminal record

Call Today to Schedule Your Free Case Review with an Experienced New Jersey Domestic Violence Attorney

Michele Finizio knows how the prosecution will approach your case, so they can quickly build an effective defense strategy to minimize the immediate consequences of a restraining order. An experienced New Jersey domestic violence attorney can fight to distinguish a trivial dispute from a situation where the alleged victim is truly in danger.

Your first consultation is always free. To learn how to protect yourself if you have been accused of domestic violence, call or contact The Law Offices of Michele Finizio to schedule your free case review today. The firm is available to begin advocating on your behalf as soon as you call.

Frequently Asked Questions About Domestic Violence Charges in New Jersey

  • What happens at a hearing to determine whether a TRO issued on domestic violence charges should be finalized?

    At the TRO hearing, the defendant is not entitled to present a defense. The defendant is given that opportunity at the hearing to determine whether the TRO should be made final. A New Jersey domestic violence attorney will present evidence on your behalf, which could include evidence that you did not commit the underlying offense, witness testimony, and a strong argument on your behalf. The goal is to convince the judge that you do not present a danger to the alleged victim, so that a protective restraining order is unnecessary.

  • Can I go to jail for violating a restraining order issued in response to domestic violence allegations?

    Yes. If the violation is based on a new act of domestic violence, you can actually be charged with an additional fourth-degree crime (up to 18 months in jail). In other cases, violation of the restraining order can lead to contempt of court charges. You could face a mandatory minimum 30-day jail sentence for a second violation.