Domestic violence cases usually end up with a temporary restraining order being issued by a judge or by the police for the victim of domestic violence if they’re seeking to have the individual or the person charged with domestic violence remain away from them out of fear of what took place. In any event, both individuals in a domestic violence situation, whether you are the victim or the individual charged with domestic violence, you should consult with an attorney. As the domestic violence situation proceeds, this temporary restraining order goes before a superior court judge for what’s called a final restraining order hearing.
At that hearing, it’s treated as if it’s a trial, so both the alleged victim of domestic violence and the person being charged with the domestic violence incident should seek representation to discuss what exactly took place in their particular case. A lot of times the victim of domestic violence sees fit to proceed without an attorney. I would not advise that they do this. In most cases, the individual charged with domestic violence does seek the counsel of an attorney and has an attorney represent them at a final hearing. In this final hearing, if you are the victim of domestic violence, whether you have an attorney or you don’t, you are held to the same standard as the defendant who now has an attorney representing him or her. You don’t want to be at a disadvantage on either side of the table in a domestic violence situation. I would suggest that you contact an experienced domestic violence attorney and discuss your case with them as each case needs to be handled individually.
Keith Hirschorn, P.C., is an experienced criminal defense attorney working throughout the state of New Jersey. If you have any questions regarding the merits, facts or circumstances of your case, call the law office, located in Hoboken, to set up a free initial consultation.