Newark, New Jersey, Domestic Violence Lawyers

When a client is charged with Domestic Violence, the lawyers at Bailey & Orozco know that the victim (or the State) can file criminal charges against the client, as well as seeking a civil restraining order. These are two different types of proceedings with significant differences as to who prosecutes, and who makes the decisions as to what will occur in resolving them.

Crimes and Offenses

Domestic violence occurs when a protected party is the alleged victim of:

• Assault
• Burglary
• Criminal Mischief
• Criminal Restraint
• Criminal Sexual Contact
• Criminal Trespass
• False Imprisonment
• Harassment
• Homicide
• Kidnapping
• Lewdness
• Sexual Assault
• Stalking
• Terroristic Threats

E-mail us or call us at 866-919-6193 today for a Free Consultation

Impact of the Dismissal of the Civil Restraining Order

The victim can request that the civil proceeding be dismissed, and with certain procedural issues having been addressed, the Court will frequently agree to the dismissal of the civil restraining order. This dismissal does not mandate a dismissal of the criminal charges by the State. Criminal charges can proceed against the client, even against the wishes of the victim. This is one of the reasons great care is taken by the lawyers at Bailey & Orozco to restrict what a client says at the civil proceeding, so it cannot be used to prosecute the client if the criminal charges are not dismissed.

Defending a Client Charged with a Domestic Violence Crime

At Bailey & Orozco, we frequently represent clients who have been charged with a criminal act as part of a DV proceeding. The benefit to our client, is in having an experienced criminal defense lawyer protect their constitutional rights in regards to the criminal charge, while minimizing the potential impact a civil restraining order can have.