Domestic Violence Defense Attorneys in Eatontown
Need a Lawyer for a Domestic Violence Charge in Eatontown NJ
Involved in a domestic dispute in the Borough of Eatontown? Was it with a loved one? Sibling? Spouse? Significant other? If so, we strongly urge that you speak to an experienced domestic violence defense attorney as soon as possible about your options. Over the years, these types of allegations have become more and more of a hot button issue. Law enforcement throughout the State, including in the Borough of Eatontown, have been receiving specialized training in order to better investigate domestic violence allegations. Basically, New Jersey has begun to take a zero tolerance approach when it comes to domestic violence incidents. In other words, if law enforcement is called to the scene to investigate a domestic dispute and they were able to determine who the aggressor is, more likely than not, that individual will be placed under arrest. Typically that will occur regardless of whether the victim wishes for that to happen or not. As you will see below, anyone involved in a domestic dispute could be charged criminally as well as served with a temporary restraining. These are two totally different proceedings, handled in two different courts, but both will almost certainly lead to devastating consequences for the aggressor.
The Borough of Eatontown is one of the larger municipalities in all of Monmouth County and it has a population of more than 12,000. As such, it should be no surprise to hear that they are forced to deal with their fair share domestic violence incidents each and every year. If you have been placed under arrest or served with a restraining order in Eatontown, the Law Office of Proetta, Oliver & Fay can help. These are always emotionally driven incidents and as result stress and anxiety is always at an all time high. If you would like to set up a consultation with one of our Eatontown domestic violence lawyers then please contact our office at 732.858.6959 or you can try contacting us online. One of our attorneys would be glad to sit down and go over the specifics of your case and formulate a game plan that works best to suit your needs. As always, our initial consultations are free of costs, so if you have any questions, please do not hesitate to contact us.
Do I Need a Lawyer for a Temporary Restraining Order in Eatontown?
Have you been served with a temporary restraining order (TRO) in Eatontown? Removed from your home? Forbidden from speaking to your children? Forced to surrender you firearms? If so, here is what you need to know. Anyone served with a temporary restraining order in Eatontown will be summonsed to appear in the Monmouth County Superior Court, Chancery Division, Family Part in order for the final restraining order (FRO) hearing. Typically these hearings will be scheduled within 10 days of the issuance of the TRO. During the hearing, it will be the plaintiff (victim) burden to establish by a preponderance of the evidence that the defendant (aggressor) committed one of the enumerated acts of domestic violence (i.e. assault, stalking, terroristic threat, harassment, sexual assault) and that in order to protect them from future acts of domestic violence, a final order of protection in necessary. These hearing are basically mini-trials. The rules of evidence apply and whatever witnesses called with be subject to cross-examination by the other party. If a final order of protection is granted, the defendant could be facing the following consequences: forbidden from returning to their home, forbidden from speaking to the victim, forbidden from owning firearms, placed into a domestic violence registry as well as forced to undergo domestic violence counseling. For more information on final restraining order hearings in Monmouth County, please click the link. Here is a list of the potential acts of domestic violence that a victim may allege:
Charged with a Domestic Violence Crime in Eatontown?
Charged with crime that is classified as an act of domestic violence in violation of New Jersey’s Domestic Violence Prevention Act in Eatontown? Was it for simple assault? Harassment? Terroristic Threat? Stalking? Sexual Assault? If so, here is procedural how your case will move through the court system. All domestic violence charges that occur with the Borough of Eatontown that are considered disorderly persons offenses (misdemeanor) will be sent to the Eatontown Municipal Court, which is actually located in Tinton Falls for dispositions. Conversely, all domestic violence indictable offenses that occur in the Borough of Eatontown will be transferred to the Monmouth County Superior Court Criminal Division, which is located in Freehold for disposition. If for example, an individual is charged with both an indictable and a disorderly persons offense, all charges will be transferred to Monmouth County.
It is also important to discuss here some of the effects the New Jersey’s Bail Reform Act has had on domestic violence charges. Regardless of whether the individual is charged with a disorderly persons or indictable domestic violence offense, there charges will almost certainly be issued on what is known as a Complaint-Warrant. That means that the individual will almost certainly be required to spend at least 24 hours in the Monmouth County Jail so that Pretrial Services can conduct their interview. The individual will then have their Central Judicial Processing Hearing, at which on the Monmouth County Prosecutor’s Office will need determine whether they will be agreeing to release the individual or be filling for detention. If they file for detention, a formal hearing will be conducted within about 5 days and it will up to the judge to determine whether the individual will be released on bail or held without bail ending trial.
Need to Speak to a Restraining Order Lawyer in Eatontown NJ
As you can see, domestic violence cases are not something to under estimate. The consequences, regardless of whether it is a criminal offense or a restraining order you are dealing with, will almost certainly have a devastating impact on your life if not handled properly. If you would like to speak to one of our Eatontown restraining order defense attorneys today, please contact our Middletown Office at 732.858.6959. We have been defending those accused of acts of domestic violence in towns throughout Monmouth County, including the Borough of Eatontown, Middletown, Tinton Falls, Hazlet, Holmdel, Freehold, Wall and Marlboro for the last decade.
Click here to see some of our most recent success stories on domestic violence allegations.