Atlantic City, NJ Domestic Violence Attorney Defends Clients Against Criminal Charges and Restraining Orders
Domestic violence crimes are a special category of criminal offenses that are defined, in part, by the relationship between the parties involved. When the police are called to a residence in response to a report of domestic violence, at least one of the parties is almost always arrested. If the party taken into custody is charged with a domestic violence offense, they will likely face severe criminal penalties as well as a restraining order.
Certainly, domestic violence is a tragedy for all parties involved. However, if you are the one arrested, you must act quickly. Do not let a mistake during a disagreement with your significant other change your life forever. Let skilled criminal defense lawyer John W. Tumelty help you get through this matter by protecting your reputation and freedom.
What Are the Potential Penalties for a Domestic Violence Offense in New Jersey?
Mr. Tumelty helps clients deal with a variety of domestic violence charges, including:
- Domestic assault: Depending on the specific circumstances of the domestic violence incident, a person accused of domestic assault may face felony charges of aggravated assault.
- Stalking: Conduct that causes a person to fear for their safety can result in fourth degree stalking charges, which are punishable by up to 18 months in NJ State Prison.
- Criminal contempt: A person who violates a court order prohibiting contact with a particular individual can be charged with third degree stalking and face up to five years in state prison.
If you’ve been charged with a domestic violence crime, you need a skilled criminal defense attorney with the experience to protect your interests. John W. Tumelty is the founding partner of the Law Offices of John W. Tumelty, a firm with a rich tradition of defending clients against criminal charges. Mr. Tumelty is a seasoned criminal defense attorney who previously served as a Deputy Attorney General with the New Jersey Attorney General’s Office, Division of Criminal Justice and as an assistant county prosecutor with the Atlantic County Prosecutor’s Office. Mr. Tumelty uses his invaluable experience as a prosecutor to evaluate his clients’ cases from multiple perspectives and prepare for battle in the courtroom.
Restraining Order Proceedings Are Separate from Criminal Charges
Mr. Tumelty has successfully represented numerous clients at criminal proceedings and restraining order hearings throughout South Jersey, including Atlantic County and Cape May County. He has represented countless clients at Temporary Restraining Order (TRO) hearings and Final Restraining Order (FRO) hearings. Restraining orders are dealt with in superior or municipal court, but the hearings take place separately from any criminal proceedings in your case. That’s why it is important for you to have the assistance of an attorney who is familiar with both forums.
As set forth by the New Jersey Prevention of Domestic Violence Act of 1991, a victim may seek a restraining order against their spouse or significant other when a predicate act of domestic violence has been committed. The basis for a restraining order being filed against you can include an accusation of assault, terroristic threats, stalking, harassment, criminal restraint, kidnapping, or false imprisonment, as well as other serious criminal offenses.
As you can see, the consequences of a domestic violence charge in New Jersey are far-reaching and long-lasting. Whether you made a one-time mistake or you have been falsely accused of a domestic violence incident, it is imperative that you speak with an experienced criminal defense lawyer immediately.
Speak with a Knowledgeable Domestic Violence Lawyer Who Represents Clients in Cape May and Atlantic Counties
If you have been charged with a domestic violence offense, you could be looking at serious prison time, as well as a restraining order. A restraining order may very well limit your access to your own home and children. In these kinds of cases, it is crucial for you to speak with an attorney who has experience handling both criminal charges and restraining order matters.
Mr. Tumelty knows how to combat domestic violence charges and contest restraining orders by challenging the evidence in both proceedings. His goal is always to get both the criminal charges and the restraining order dismissed. Call Mr. Tumelty anytime to discuss your case, or email him to schedule a free consultation at his Marmora or Somers Point offices. Mr. Tumelty will be happy to sit down with you at his office and help you better understand your legal rights and options.