Restraining Order & Assault Charges Dismissed in Monmouth County
Final Restraining Order Denied in Freehold After Trial
Proetta & Oliver was able to secure another dismissal of a temporary restraining order as well as the underlying criminal charges in Monmouth County this month. Our client was initially arrested and charged with simple assault following an incident that allegedly took place in Union Beach, New Jersey. Do to the nature of the charges, more specifically the fact that the assault charges were classified as an “act of domestic violence“, our client’s firearms were seized pursuant to 2C:25-19d and a forfeiture action for the firearms was later filled in the Monmouth County Superior Court. To make matters even worse, the alleged victim in the case also sought and obtained a temporary restraining order (TRO) as a result of the incident.
As a result of this incident our cleint was facing a temporary restraining order, a simple assault charge and a forfeiture of his firearms, including his firearms identification card. These are three separate hearings, all of which would need to be litigated in three separate proceedings. After meeting with our client and ascertaining his version of events, we quickly learned that the alleged victim’s version of events was not adding up. Upon a further investigation, including speaking to several other witnesses, which were related to both our client and the alleged victim, it was obvious that the victim’s version of events was fabricated.
Temporary Restraining Order Dismissed Following Hearing in Monmouth County
Geared with this information we were able to create a game plan on how to attack all of the charges. In order to be successful at the weapons forfeiture hearing we needed to make sure that both the temporary restraining order as well as the underlying simple assault charges were dismissed, otherwise the hearing would be moot. During the final restraining order trial we were able to not only exploit the major inconsistencies in the alleged victim’s version of event but we were also able to establish the victim’s true underlying motive in the filling of the charges. We were able to do this by not only exploiting the implausibility of the victim’s version of events through her own testimony but by also using eyewitnesses that completely contradicted her version of events. At the end of the hearing the Judge dismissed the temporary restraining order by concluding that the victim had failed to even establish that the underlying predicate act of domestic violence even occurred (ie simple assault).
Simple Assault Charges Dismissed in Union Beach
Once we appeared in the Union Beach Municipal Court and were able to explain our version of events, which include what the eyewitnesses would testify to, the State agreed to dismiss the charges. Upon an outright dismissal of the charges we were able to request and obtain an expedited expungement. The expedited expungement allowed for our client to have the underlying arrest for the criminal charges expunged off his record within a month. This was a huge benefit to our client as a typical expungement, even for a dismissal of charges could take up to twelve months to perfect if it is not done on an expedited basis.
Weapons Forfeiture Motion Withdrawn in Monmouth County
Prior to the weapons forfeiture hearing we had engaged in discussion with the prosecution about the true underlying motive behind the filing of the charges as well as the fact that the criminal charges as well as the temporary restraining order were dismissed outright. Based on all the information provided the State agreed to withdraw their motion to forfeit our cleint’s weapons and firearms id card. Therefore, our client was able to have his weapons returned.
Restraining Order Defense Lawyer in Union Beach
At the end of the day our client was able to have the temporary restraining order dismissed, the simple assault charges dismissed and the weapons forfeiture motion dismissed as well has having an expedited expungement. This was a tremendous benefit for our client because a final restraining order or a conviction for a simple assault charge would have certainly cost him his job. If you or a loved one has unfortunately found yourself in this type of situation and would like to speak to one of our attorney about your options then please contact our Middletown office at 732.858.6959. Our attorneys fully understand the stress and anxiety that most feel when they are charged with a criminal offense, especially when the alleged victim in the case is a loved one or family member. So, if you have any questions whatsoever, please do not hesitate to contact us. We serve all of Monmouth County, including Hazlet, Manalapan, Freehold, Holmdel, Belmar, Asbury Park, Englishtown, Ocean Township and Wall Township.
C.E. v. K.K (2019)