Monmouth County NJ Domestic Violence Lawyer
If you have been served with a restraining order or charged with a domestic violence criminal offense like assault, terroristic threats, harassment, stalking or criminal coercion, the attorneys at Proetta & Oliver can help. Regardless of whether you have been charged with a domestic violence criminal offense or been served with a restraining order, the exposure if convicted, is significant. Not only is a Defendant facing potential incarceration, but they could also be forbidden from having contact with their children, forbidden from returning to their residence and forbidden from ever possessing firearms. To speak to one of our Monmouth County domestic violence defense attorneys today, please contact us at (732)858-6959.
Criminal Domestic Violence Charges vs. Restraining Order
Although the offenses seem to be tied together, in reality they are drastically different. A criminal domestic violence complaint will be heard in either the local municipal court or in the criminal division of the Monmouth County Superior Courthouse depending on the degree of the charge. The standard of proof required in these types of proceedings is beyond a reasonable doubt. Conversely, a restraining order will be heard in the family division of the Monmouth County Courthouse. In addition, the standard of proof at these types of hearings is by a preponderance of the evidence. It is a much lower burden of proof.
Who Can Get a Restraining Order? What Qualifies as an Act of Domestic Violence?
In order to obtain protection under the New Jersey Domestic Violence Prevention Act and in turn be able to receive a temporary restraining order and/or have the underlying criminal charges be classified as an act of domestic violence, the individual first qualify as a victim of domestic violence pursuant to NJSA 2C:25-19. In order to qualify as a victim of domestic violence, the victim must fall under one of the following categories:
- Any person who is presently or was formerly a household member with the Defendant; or
- Any person who has a child in common or is expecting to have a child in common with the Defendant; or
- Any person who is currently or was previously in a dating relationship with the Defendant.
If the victim qualifies as a victim of domestic violence then anyone of the following criminal offenses will be classified as an act of domestic violence and obtain the additional protection under the New Jersey Domestic Violence Prevention Act. The offenses include:
Do I Need an Attorney for a Restraining Order in NJ?
Regardless of the type of hearing it is imperative that you speak to an experienced Monmouth County domestic violence lawyer immediately about your options. Time is of the essence on these types of charges, restraining order hearings are typically heard within one month of the issuance of the temporary restraining order. The Law Offices Proetta & Oliver represents clients charged with domestic violence offenses throughout Monmouth County, including towns like Hazlet, Tinton Falls, Holmdel, Middletown, Atlantic Highlands, Long Branch, Ocean Township, Asbury Park, Aberdeen and Matawan. If you or a loved one has been served with a domestic violence complaint and would like to have a free initial consultation today please contact our office directly at (732)858-6959. We fully understand that this can be an extremely nerve wracking time, therefore, we make ourselves available 24/7 to help assist in any way possible. In addition, now based on the new bail reform, anyone charged criminal with an act of domestic violence will most likely be forced to spend a few nights in the Monmouth Count Jail pending a potential Detention Hearing. If a Detention Hearing is sought, it means that the Monmouth County Prosecutor’s Office is seeking to detain the Defendant without bail, pending trial. These types of hearings can be and always should be contested. For more information on these types of proceedings, please contact our Middletown Office. We are located directly across the street from the Middletown Municipal Court at 18 Kings Highway.
Here is an article about a client that we represented who was facing not only felony domestic violence assault charges but a temporary restraining order as well. At the end of the day, all of the charges were dismissed in their entirety thanks to the hard work of the attorneys at Proetta & Oliver. State v. J.Y. and here is what J.Y. had to say about Mr. Oliver,
Keith was exceptional in the handling of my case. He provided clear, concise legal advise, that led to my dismissal of all charges. His knowledge, temperament was ideal for dealing with delicate matters involving two parties in dispute. I highly recommend Keith’s expert representation.
Middletown NJ Domestic Violence Defense Attorneys
Experienced Monmouth County NJ Domestic Violence Lawyer
Mr. Oliver’s entire career has been dedicated to defending those accused of criminal offenses, including acts of domestic violence. Over the years he has gained a tremendous amount of experience in this area of law. He represented countless clients charged with not only restraining orders but assault, stalking, harassment and terroristic threats charges as well in courts throughout Monmouth County. Our office has the knowledge and experience to make sure your rights are protected. We are a very hands on firm and pride ourselves with making sure our clients are fully informed about their cases. If you would like to come into our office and discuss your options with one of our Monmouth County criminal lawyers please feel free to contact us at (732)858-6959. We are available 24/7 to help assist in any way we can and we serve all of Monmouth County including Howell, Belmar, Neptune, Manalapan, Marlboro, Keyport, Wall, Middletown, Keansburg and Union Beach.