Domestic Violence Attorneys in Holmdel Township
Arrested on a Domestic Violence Charge in Holmdel Township
Have you been charged with an act of domestic violence in Holmdel? Was it for a simple assault? Harassment? Stalking? Terroristic threats? Were you served with a temporary restraining order as well? Removed from your home? Forbidden from speaking to you children? If so, you are not alone. Domestic Violence allegations have certainly been on the rise over the years and law enforcement is well aware. As a result, these types of allegations are carefully scrutinized by the law enforcement and they tend to be prosecuted to the fullest extent of the law. As you will see below, domestic violence allegations can result in the individual being charged criminally as well as being served with a restraining order. These are two different proceedings and they both can have a devastating impact on your life moving forward. If you or a loved one has been charged with an act of domestic violence, the Law Office of Proetta, Oliver & Fay can help. Our attorneys have been defending those accused of serious crimes of domestic violence in towns throughout Monmouth County, including Holmdel for a decade. Our attorneys fully understand the stressful and anxiety that most feel when they have been placed under arrest and summonsed into court, especially when the allegations are coming from a loved one. If you would like to set up a free initial consultation today with one of our attorneys, please contact our office at 732.858.6959 or you can try contacting us online.
Need a Local Holmdel Attorney for a Domestic Violence Allegation
It is important to note here that not everyone will be entitle to enhanced protections under the New Jersey Prevention of Domestic Violence Act. In order to take advantage of these enhanced protections, the individuals must be classified as a victim under the act. To obtain these protections, the alleged victim must fit under one of the subsections of N.J.S.A. 2C:25-19d. They are as follows:
- Must be 18 years or older or an emancipated minor and the victim of an act of domestic violence at the hands of a spouse, former spouse, or any other person who is a present or former member; or
- Must be the victim of an act of domestic violence by the hands of an individual whom they have a child in common with, or with whom the victim anticipates having a child in common. (One of the parties must be pregnant at the time)
- Must be the victim of an act of domestic violence at the hands of someone they have/had a dating relationship with.
If the victim is entitled to the enhanced protections under New Jersey’s Prevention of Domestic Violence Act then the defendant could find themselves being served with a temporary restraining order as well as having there criminal charges be classified as acts of domestic violence.
Arrested and Charged with Domestic Violence in Holmdel
Anyone arrested and charged with a crime of domestic violence in Holmdel Township will almost certainly be spending at least 24 hours in the Monmouth County Jail under New Jersey’s Bail Reform Act. This is regardless of whether the defendant is charged with a lower level offense like simple assault, harassment or a more serious charge like aggravated assault, terroristic threats or stalking. Under the new bail guidelines, all domestic violence allegations should be issued on a Complaint-Warrant, which would require the defendant to be taken to the county jail so that pretrial services can conduct their review of the case. Once that is conducted, the defendant will be scheduled for his Central Judicial Processing Hearing (CJP) and it is at this hearing that the prosecutor’s office will need to make a decision of whether they will release the defendant or file a formal motion for detention. If a formal motion for detention is filed, the defendant will be scheduled for a formal hearing and it will be up to the judge to determine whether they will be released and if so, on what conditions.
All disorderly persons offense (misdemeanor) domestic violence arrests will be litigated in the Holmdel Municipal Court. That includes all simple assault, harassment and trespassing complaints. Conversely, all indictable offenses (felony) domestic violence charges will be transferred from the Holmdel Municipal Court to the Monmouth County Superior Court, which is in Freehold for disposition. Some of the more common indictable offenses we see are aggravated assault, terroristic threats, stalking, sexual assault and burglary.
Served with a Temporary Restraining Order in Holmdel. What Should I Expect?
A temporary restraining order (TRO) is separate and apart from any underlying criminal charges. All restraining orders issued in Holmdel will be litigated in the Monmouth County Superior Court, Chancery Division, Family Part. A TRO is exactly as it sounds, temporary in nature. In order for a TRO to become permanent, a final restraining order hearing must be conducted. During that hearing it will be the victim’s burden to show by a preponderance of the evidence that they are in fact a victim of one of the enumerated acts of domestic violence and in order to protect them from future acts of domestic violence a permanent order is necessary. These hearings are basically mini trials. The victim must put forth their evidence, including any witness and they will be subject to cross examination. The defendant as well will have the opportunity to present their defense. If a final restraining is imposed, the defendant would be subjected to the following consequences: placed into a Domestic Violence Registry, forbidden from returning to their residence, forbidden from communicating with the victim, forbidden from ever owning firearms. Furthermore, unlike most other states, restraining orders do not expire in New Jersey. For more information on the repercussions of a final restraining order in New Jersey, please click the link.
Looking to Speak to Local Holmdel Criminal Defense Attorney
Proetta, Oliver & Fay is a Monmouth County based criminal defense firm that has been defending those accused of acts of domestic violence in towns throughout county, including in Holmdel Township. If you have unfortunately found yourself in this types of situation, we strongly urge that you contact an experienced criminal defense attorney as soon as possible to discuss your options. To set up a free initial consultation today, please contact our Middletown Office at 732.858.6959. As you can tell from reading above, these types of allegations are not something to take lightly.