Domestic Violence Defense Lawyer in Asbury Park NJ
Arrested for Domestic Violence in Asbury Park
It is no secret that law enforcement throughout the State has begun a more aggressive approach when it comes to investigating and in turn prosecuting domestic violence allegations. This is even more evident in towns throughout Monmouth County, as most departments have received specialized training in order to become more aware of the signs of domestic violence. This has certainly lead to an increase in the number of domestic violence related arrests, which includes the issuance of temporary restraining orders in municipalities throughout the County. The City of Asbury Park is no exception. Asbury Park has undergone a total resurgence over the years and has become one of more desirable locations to live. If you have been arrested and charged with a crime of domestic violence like simple assault, terroristic threat, harassment, stalking or served with a restraining order in Asbury Park we strongly recommend that you speak to an experienced domestic violence defense attorney about your options. As you will see below, the ramifications of a final restraining order and/or a criminal conviction for domestic violence can have a crippling effect on your future. If you would like to set up a free initial consultation today, please contact our office at 732.858.6959. Our attorneys are well aware of the strong emotions behind most domestic violence incidents, as such we are dedicated to formulating a game plan that works best to suit your needs.
Served with a Temporary Restraining Order in Asbury Park. What Should I Expect?
One of the more common consequences we see result from domestic violence incidents is the issuance of a temporary restraining order, also referred to as a TRO. A temporary restraining order is separate and apart and more often than not, in addition to any underlying criminal charges. A TRO is exactly what it sounds like, temporary in nature. It is an order that for the most part forbids the defendant (aggressor) from having any contact with the plaintiff (victim). This in turn could forbid the defendant from speaking to their children or returning to their residence, but as previously stated, it is temporary. Once a TRO is entered into, a final restraining order must take place within 10 days. At the final restraining order it will be the plaintiff’s burden to establish by a preponderance, that they are not only the victim of a crime of domestic violence (i.e. assault, terroristic threat, stalking, harassment) but also that a final order of protection is necessary to prevent future acts of domestic violence. These hearings are in essence mini-trials, whereby the parties will be called upon to present whatever evidence they see fit as well as call whatever witness they may need. These are formal proceedings and the rules of evidence apply. If a final order of protection is granted by the Judge then a the defendant could be subject to the following penalties, forbidden from returning to their residence, forbidden from contacting the victim, placed into a domestic violence registry, have their weapons forfeited and domestic violence counseling. To make matters worse, final restraining orders in New Jersey never expire. For more information on final restraining order hearings are conduted in New Jersey, please checkout our Monmouth County Final Restraining Order practice area.
Need a Lawyer for Domestic Violence Charge in Asbury Park
Were you involved in a domestic dispute in Asbury Park? Was it with a spouse? Sibling? Significant other? Roommate? If so, here is some information that you need to know. Some of the most common crimes of domestic violence that we see being issued in Asbury Park include but are not limited too: simple assault, harassment, terroristic threat, stalking, aggravated assault, trespassing, criminal mischief and sexual assault. Some of these crimes are considered indictable offense (felony) and some are considered disorderly persons offenses (misdemeanor). All indictable domestic violence offenses (i.e. aggravated assault, terroristic threat, cyber-harassment, stalking, kidnapping) will be transferred from the City of Asbury Park Municipal Court to the Monmouth County Superior Court, Criminal Division, which is located in Freehold. All of those cases will be prosecuted by the Monmouth County Prosecutor’s Office. Conversely, all disorderly persons domestic violence offenses (i.e. simple assault, harassment, criminal mischief, trespassing) will be litigated in the Asbury Park Municipal Court. These case will be prosecuted by the Asbury Park Municipal Prosecutor, James Butler, Esq. For the potential ramifications of each charge, please click there corresponding links.
Based on some of the new procedures, it is important to discuss briefly some bail issues that might arise. Under New Jersey’s Bail Reform Act, almost all domestic violence complaints, regardless of whether they are for indictable or disorderly persons offenses, tend to be issued on what is known as a Complaint-Warrant. That means that the defendant will almost certainly spend at least 24 hours in the Monmouth County Jail so that pretrial services can conduct their review. Based on that review and the facts of the case, the Monmouth County Prosecutor’s Office will then have to advise the court at the defendant’s Central Judicial Processing Hearing whether they will be releasing the defendant on bail or filing for detention. If they file for detention, a formal hearing will be conducted, usually within five days of the defendant central judicial processing hearing and it will be up to the judge whether or not the defendant gets released. For more information on detention hearings in Monmouth County, please click the link.
Need to Speak to an Asbury Park Restraining Order Lawyer
Proetta, Oliver & Fay has been defending those accused of all kinds of domestic violence charges in Monmouth County for years now. Our attorneys fully understand the potential ramifications a final order of protection let alone a criminal conviction can have on someone’s life. In addition to the City of Asbury Park, our office serves all of Monmouth County, including Holmdel, Middletown, Freehold, Ocean Township, Wall Township, Eatontown, Hazlet and Atlantic Highlands. If you would like to set up a free initial consultation today, please contact our office at 732.858.6959. As always, our initial consultations are free of costs.