Domestic Violence

Domestic violence allegations are taken very seriously in New Jersey. If the police respond to a domestic violence call, their actions depend on the circumstances they encounter.

While officers do have some discretion in these cases, certain situations require mandatory arrests under state law. Understanding how these decisions are made and knowing your rights is critical if you’re facing accusations of domestic violence.

When Arrests Are Discretionary

Police officers in New Jersey are not always required to make an arrest during a domestic violence call. If there is no visible sign of injury, no violation of a restraining order, and no outstanding warrants for either party, officers may choose not to make an arrest. In these situations, they may take other steps, such as de-escalating the situation, providing referrals to social services, or documenting the incident without making any arrests.

However, even in cases where an arrest is not mandatory, police reports are often filed. This documentation could still play a role if future incidents arise, so it’s essential to take any interaction with law enforcement seriously.

When Arrests Are Mandatory

Under New Jersey law, police must make an arrest if specific conditions are present. Mandatory arrests occur in the following situations:

1. Visible Injuries: If one party shows physical signs of injury that indicate an altercation, police are required to arrest the alleged aggressor.
2. Violation of a Restraining Order: If either party is found to be in violation of a court-issued no-contact or restraining order, an arrest must be made.
3. Outstanding Warrants: If an individual involved in the dispute has an active warrant, police are obligated to arrest them.
4. Use of a Weapon: If evidence suggests a weapon was used in the alleged domestic violence incident, an arrest is mandatory, and the weapon may be seized.

Police may also confiscate any firearms or weapons in the home to ensure the safety of the alleged victim. These measures are taken to prevent further harm and protect those involved.

Facing Domestic Violence Charges? Get Legal Help Right Away

Being arrested for domestic violence can be a life-changing experience. Convictions carry serious penalties, including jail time, fines, and restraining orders. Additionally, a domestic violence record can affect your employment, housing opportunities, and personal relationships. That’s why it’s crucial to have an experienced defense attorney on your side.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted and successful law firms. Attorney Matthew Reisig and his team have extensive experience handling domestic violence cases, providing aggressive and effective defense strategies for clients facing these serious charges.

Why Choose Reisig Criminal Defense & DWI Law?

1. Decades of Experience: Matthew Reisig has built a reputation as one of New Jersey’s top defense attorneys, with nearly three decades of success in defending individuals accused of domestic violence.
2. Strong Relationships: Reisig Criminal Defense is familiar with the prosecutors and judges in most New Jersey courts, giving them an edge in building a solid defense tailored to your case.
3. Proven Results: The firm has successfully defended countless clients, often achieving reduced charges, dismissals, or other favorable outcomes.
4. Client-Centered Approach: Matthew Reisig and his team prioritize open communication, ensuring you understand every step of your case and have the support you need.

What to Do After a Domestic Violence Arrest

If you’ve been arrested for domestic violence in New Jersey, don’t wait to seek legal help. The legal system moves quickly, and early intervention by a skilled attorney can make a significant difference in your case. Document any details you remember about the incident, including your interactions with police, and avoid speaking to anyone about your case without your lawyer present.

Call Reisig Criminal Defense Today

When your future is on the line, trust Reisig Criminal Defense & DWI Law to fight for your rights. With nearly 30 years of experience and a proven track record, Matthew Reisig has the knowledge and skill to build a strong defense against domestic violence charges. Call 732-625-9661 today for a free consultation and take the first step toward protecting your rights and your future.

Domestic violence cases are complex, but with the right legal representation, you can navigate this challenging time with confidence. Let Reisig Criminal Defense guide you every step of the way.

If you’ve been charged with domestic violence in New Jersey and ordered to surrender your handgun as part of a restraining order, you may be wondering if this is legal.

The short answer is yes—both New Jersey state law and federal law prohibit individuals under a restraining order from owning, using, possessing, purchasing, or selling firearms during the order’s duration. Understanding how these laws work and their potential impact on your rights is crucial, especially if you want to protect your future.

Firearms and Restraining Orders: What the Law Says

When a restraining order is issued in New Jersey, the court typically mandates the immediate surrender of any firearms, weapons permits, and firearm ID cards. This step is taken to protect the alleged victim and is a legal requirement. If you fail to comply, you can be arrested, adding further complications to your case.

While these restrictions are temporary during the restraining order’s term, the situation becomes far more serious if you are convicted of domestic violence. Even misdemeanor convictions for domestic violence can result in a permanent loss of gun rights under federal law.

The Long-Term Impact of Domestic Violence Convictions on Gun Rights

A domestic violence conviction can significantly affect your life. If you’re convicted of certain domestic violence misdemeanors, federal law will bar you from ever owning or possessing a firearm. This restriction can:

1. Eliminate Your Ability to Protect Yourself or Your Family
   Losing access to firearms can leave you without an important means of personal protection.
2. Impact Hobbies and Sports
   Activities like hunting or competitive shooting will no longer be an option if you’re barred from owning firearms.
3. Affect Career Opportunities
   Many professions, including law enforcement, the military, and security, require firearm access. A conviction could limit your career options permanently.

These consequences make it vital to fight domestic violence charges aggressively with the help of an experienced attorney.

Why You Need an Experienced Domestic Violence Defense Attorney

Domestic violence charges are serious, and the stakes are high. In addition to losing your gun rights, a conviction can lead to jail time, fines, and a permanent criminal record. An experienced attorney can help you navigate the legal system, protect your rights, and build a strong defense.

For nearly 30 years, Reisig Criminal Defense & DWI Law has been one of New Jersey’s most trusted law firms for domestic violence defense. Attorney Matthew Reisig has a proven track record of helping clients achieve favorable outcomes, from reduced charges to case dismissals.

Why Choose Reisig Criminal Defense & DWI Law?

• Decades of Experience: Matthew Reisig has successfully defended clients in complex domestic violence cases across New Jersey.
• Proven Results: The firm’s history of case dismissals and reduced penalties demonstrates their dedication to protecting clients’ rights.
• Personalized Attention: Every case is unique, and the team at Reisig Criminal Defense takes the time to understand your specific situation.
• Deep Knowledge of NJ Law: With nearly three decades of experience, they know how to navigate New Jersey’s legal system effectively.

Take Action Today

If you’ve been charged with domestic violence and ordered to surrender your handgun, don’t wait to seek legal help. The sooner you act, the better your chances of protecting your rights and minimizing the impact on your life.

Call Reisig Criminal Defense & DWI Law at 732-625-9661 today for a free consultation. With nearly 30 years of experience, Matthew Reisig is ready to fight for you. Protect your future by working with a trusted and proven legal advocate.

If you’ve been involved in a domestic violence case in New Jersey, maybe you’ve thought about what happens at a Final Restraining Order (FRO) hearing. Many people fear the possibility of jail time, but understanding how these hearings work can ease some of your concerns.

The good news is that a judge cannot send you to jail as a result of an FRO hearing alone. This is because FRO hearings are civil proceedings, not criminal cases. Let’s explore what this means, how the legal process works, and when criminal charges may still apply.

What Happens at a Final Restraining Order Hearing?

An FRO hearing determines whether a permanent restraining order should be issued against you. In New Jersey, this is a civil court process, not a criminal trial. The judge’s role is to decide whether acts of domestic violence occurred based on a preponderance of the evidence—meaning it’s more likely than not that the alleged incident took place.

The judge will consider:

• Testimonies from Both Parties
• Evidence Like Text Messages, Photos, or Witness Statements
• Previous Incidents of Domestic Violence (if applicable)

If the judge rules in favor of the person seeking protection, a Final Restraining Order will be issued. This can include no-contact orders, firearm surrender requirements, and restrictions on visiting shared homes or children. However, there are no criminal penalties or jail time associated with the restraining order itself.

Why Can’t You Be Sent to Jail from an FRO Hearing?

Since FRO hearings are civil matters, there are no “guilty” findings—only a decision on whether the restraining order should be granted. Civil court is designed to protect the victim rather than punish the accused.

However, failing to follow the terms of a restraining order after it has been issued can result in criminal charges. Violating a restraining order is considered contempt of court, which can lead to arrest, jail time, and additional charges.

When Can Jail Be Involved in a Domestic Violence Case?

While you won’t be sent to jail based on an FRO hearing alone, you could face criminal charges if the alleged incident involves:

• Assault
• Harassment
• Stalking
• Terroristic Threats
• Weapons Offenses

These charges are handled separately in criminal court, where the state prosecutes the case. In this setting, a judge can impose jail time if you are found guilty of a criminal offense related to domestic violence.

Why You Need an Experienced Attorney

Facing a domestic violence restraining order hearing in New Jersey can be life-altering. A Final Restraining Order doesn’t just restrict contact—it can affect child custody, firearm ownership, and even employment opportunities, especially if you work in certain licensed professions.

This is why hiring a skilled attorney is critical. A knowledgeable lawyer can:

• Challenge weak or inconsistent evidence
• Cross-examine witnesses effectively
• Present a strong defense tailored to your case

Why Choose Reisig Criminal Defense & DWI Law?

With nearly 30 years of experience, Reisig Criminal Defense & DWI Law has built a proven track record defending individuals in domestic violence cases throughout New Jersey. They understand how local courts handle these matters and have successfully protected clients’ rights time and again.

Here’s what sets them apart:

• Deep Knowledge of NJ Law: They know how to challenge restraining orders and defend against related criminal charges.
• Personalized Legal Strategies: Every case is different. Their team develops custom defense plans based on your unique circumstances.
• Courtroom Success: With thousands of successful cases handled, their experience ensures you’re getting top-tier representation.

Take Control of Your Future Today

If you’re facing a Final Restraining Order hearing or domestic violence charges in New Jersey, don’t take chances with your future. Protect yourself with experienced legal representation from Reisig Criminal Defense & DWI Law.

Call (732) 625-9661 for a free consultation and start building your defense today. Let Reisig Criminal Defense fight to protect your rights, your reputation, and your freedom.

How Is a Temporary Restraining Order Issued in New Jersey?

In New Jersey, a Temporary Restraining Order (TRO) is a legal measure designed to provide immediate protection for victims of domestic violence.

This order can be issued in two primary ways, depending on when the request is made and court availability. Understanding the process can help you navigate this challenging situation if you or a loved one is involved in a domestic violence case.

Applying for a TRO During Court Hours

If the Superior Court is open, a victim of domestic violence should visit their county’s Domestic Violence Intake Office. There, they’ll speak with a hearing officer who listens to the allegations and reviews any supporting details about the reported abuse.

If the hearing officer determines there’s enough evidence, the victim will appear before a Superior Court Judge assigned to the Family Part. The judge will then evaluate the claims, consider any risk factors, and decide whether to issue a Temporary Restraining Order. This process is meant to ensure the victim receives legal protection as quickly as possible.

Applying for a TRO After Court Hours

If the Superior Court is closed—such as nights, weekends, or holidays—the process involves a Municipal Court Judge. In this case, the victim must contact law enforcement, who will connect them with a judge by phone.

During a telephonic hearing, the judge will speak directly with the victim, asking about the alleged abuse, specific incidents, and any immediate threats. If the judge determines that domestic violence occurred, they will issue a Temporary Restraining Order remotely. This ensures that protection isn’t delayed, even outside regular court hours.

Who Can Apply for a TRO?

It’s essential to understand that only the victim can apply for a TRO in New Jersey. Police officers, family members, or friends cannot file on the victim’s behalf. Law enforcement can assist in connecting the victim with the appropriate court or judge, but the application must be made by the person seeking protection.

What Happens After a TRO Is Issued?

Once a Temporary Restraining Order is granted, it becomes legally binding. The alleged abuser must adhere to specific conditions outlined in the TRO, which can include:

• No contact with the victim (in-person, phone, text, or social media)
• Surrendering firearms and weapons permits
• Staying away from the victim’s home, workplace, or school
• Temporary custody arrangements if children are involved

The next step is a Final Restraining Order (FRO) Hearing, typically scheduled within 10 days of the TRO issuance. Both parties will have the opportunity to present evidence and argue their case before a judge.

Why Legal Representation Matters

Domestic violence cases can have life-altering consequences. A TRO violation can lead to arrest, criminal charges, and potential jail time. Having a skilled legal advocate is critical in navigating this complex process.

Reisig Criminal Defense & DWI Law has nearly three decades of experience defending clients in New Jersey domestic violence cases. Their deep understanding of state law, court procedures, and prosecutor tactics allows them to craft effective legal strategies aimed at protecting their clients’ rights.

Contact an Experienced Domestic Violence Attorney

If you or someone you care about is facing a domestic violence charge or needs help applying for or defending against a Temporary Restraining Order, Reisig Criminal Defense & DWI Law is here to help. With a proven track record and personalized legal guidance, they’ll fight for the best possible outcome.

Call (732) 625-9661 today for a free consultation and get the legal support you need.

Yes, there are 14 enumerated criminal offenses that can constitute an act of Domestic Violence.

Stalking is listed as the 14th such offense in 2C:25-19a.

If you have been wrongfully accused of stalking in NJ, it is strongly advised that you seek expert legal representation immediately to protect your rights!

If you or a family member need help with domestic violence or stalking charges, call defense attorney Matthew Reisig for a free consultation at 732-625-9661.

The Plaintiff, this is the alleged victim of the domestic violence.

The burden in a Final Restraining Order hearing is only a preponderance of the evidence standard.

In plain English, this standard is met if the evidence proves that it is more likely than not that domestic violence has occurred.

If you or a family member are dealing with domestic violence, call us call us at 732-625-9661.