Domestic Violence Charge Lawyers in Red Bank NJ
Need Attorney for Domestic Violence Charge in Red Bank
Red Bank Borough has become one of the more desirable locations for young professionals to call home. Over the years, the Red Bank real estate market has seen resurgence. This is probably due in large part to the unique night life that it offers, which includes a balance between different style bars and restaurants. This helps attract all types of individuals. Unfortunately, like most municipalities that are well known for their nightlife, Red Bank has also since an increase in crime, including domestic violence charges over the years. Law enforcement throughout Monmouth County has undergone specialized training in order to better investigate and as a result prosecute those alleged to have been involved in a domestic dispute. As you will see below, anyone involved in a domestic dispute could be charged criminally as well as served with a temporary restraining order. These are two separate hearings, that will be litigated in two separate courtrooms but both of which carry life altering consequences. If you would like to speak to one of the Red Bank domestic violence defense attorneys at Proetta, Oliver & Fay, then please contact our office at 732.858.6959 or you can try contacting us online. Our attorneys fully understand the stress and anxiety that most are under when they are involved in a domestic dispute, so if you have any questions whatsoever, please do not hesitate to contact us.
Restraining Order Lawyer in Red Bank
Served with a Temporary Restraining Order, also known as a TRO in Red Bank? Summonsed to appear in the Monmouth County Superior Court, Chancery Division, Family Part in Freehold? If so, we strongly urge that you speak to an experienced restraining order defense attorney about your options. TRO’s are exactly what they sound like, temporary in nature. In order for a TRO to become a final restraining order, a formal hearing must be conducted. Final restraining order’s are formal hearings, whereby each party will be required to present their cases, including whatever evidence they feel is appropriate, such as witnesses, text messages, emails, photos and social media communication. It will be the plaintiff (victim’s) burden to establish by a preponderance of the evidence, that they are not only the victim of an act of domestic violence (i.e. assault, terroristic threat, stalking, harassment) at the hands of the defendant (aggressor) but that a final order of protection is necessary in order to prevent future acts of domestic violence. Unlike almost every other state in the Country, final restraining orders in New Jersey never expire. Some of the potential repercussions of a final restraining order include: placed in a domestic violence registry, forbidden from contacting the plaintiff, forbidden from returning to your residence, forfeiture of your firearms and domestic violence counseling. For more information on restraining orders in Monmouth County, please click the link.
What to Expect on a Domestic Violence Charge in Red Bank?
As touched upon earlier, Monmouth County has been providing specialized training to local police departments throughout the county in order help the officers better investigate domestic violence allegations. Combine this training with the fact that New Jersey as a whole has basically adopted a zero tolerance policy when it comes to domestic violence incidents, it should be no secret to hear domestic violence related arrests are on the rise. Some of the most frequent domestic violence related criminal charges that we see issued in Red Bank include simple assault, terroristic threat, harassment, cyber-harassment, sexual assault and trespassing. The degree of the charge in question will dictate what court will have jurisdiction over the case. All indictable (felony) domestic violence offenses, will be transferred from the Red Bank Municipal Court to the Monmouth County Superior Court, Criminal Division, which is located at 71 Monument Street in Freehold. On the other hand, all disorderly person domestic violence offenses will be sent to the Red Bank Municipal Court for litigation.
What is the Bail for a Domestic Violence Charge in Red Bank?
All most all domestic violence related charges, regardless of whether the offense is considered a disorderly persons or indictable offense will be issued on a Complaint-Warrant. That means that the defendant will almost certainly be spending at least 24 hours in the Monmouth County Jail pending their Central Judicial Processing Hearing (CJP). Prior to this hearing, pretrial services will need to conduct their risk assessment. Once that assessment is conducted, it will then be up to the Monmouth County Prosecutor’s Office to determine whether they will be agreeing to release the defendant on bail or filing for a detention hearing. The defendant will be notified at their CJP hearing if a formal detention hearing will be set. During this hearing, which typically takes place about five days from CJP, a Judge will hear from both sides and determine whether or not the defendant will be released on bail or held without bail, pending trial.
Need to Speak to Domestic Violence Defense Attorney in Red Bank
Proetta, Oliver & Fay fully comprehend what a domestic violence conviction or a final restraining order can do to one’s life. As such, our attorneys are dedicated to aggressively defending these types of allegations. We have been defending domestic violence allegations, including assault, terroristic threat, harassment and temporary restraining orders issued in Red Bank for a decade now. If you would like to set up a free initial consultation with one of our Red Bank domestic violence defense attorneys, then please contact our office at 732.858.6959. We serve all of Monmouth County, including Holmdel, Hazlet, Middletown, Freehold, Wall Township, Asbury Park, Eatontown and Ocean Township. To read about some of our most recent Monmouth County domestic violence success stories, please click the link.