Domestic Violence Harassment Charge
Charged with Domestic Violence Harassment in Monmouth County
Going through a bad breakup? Arguing with a loved one or family member? Send some text messages that you regret? If so, you may find yourself being charged with harassment or even cyber-harassment depending how the “communication” was sent. Harassment and cyber harassment are both criminal charges in New Jersey and subject anyone convicted to not only high fines and a criminal record but jail time as well. In addition, harassment is by far one of the most common basis for obtaining a temporary restraining order (TRO) in New Jersey, including in Monmouth County. As you will see below, in order to obtain a TRO in New Jersey, the victim, also referred to as the plaintiff, must first establish that they fall under the domestic violence prevention act. If that is to occur, the victim in essence has three options, first the can seek to file criminal charges agains the Defendant for harassment, in violation of NJSA 2C:33-4 or they can seek to file a TRO in Family Court or they can seek to file both criminal charges as well as a TRO. A TRO and the underlying criminal charges are two different types of charges and will be litigated in two different court settings. Both of which could have lasting consequences.
If you have been arrested for a domestic violence harassment charge in Monmouth County, the Law Office of Proetta & Oliver can help. Our attorneys have been appearing courts throughout the County and defending those accused of harassment as well as those served with a restraining order for the better part of the last decade. These types of cases are usually very emotional and stressful to both parties and the consequences can be devastating, therefore it is absolutely crucial that you fully understand your options prior to appearing in court. If you would like to schedule a free initial consultation today with one of our Monmouth County domestic violence defense attorneys, then please contact our office at 732.858.6959 and one of our attorneys would be glad to go over the specifics of your case and formulate a game plan that works best. We serve all of Monmouth County, including towns like Howell, Holmdel, Tinton Falls, Middletown, Atlantic Highlands, Hazlet, Belmar, Colts Neck, Ocean Township, Wall Township and Asbury Park.
Facing a Domestic Violence Harassment Charge in Middletown NJ
If you have been charged criminal with domestic violence harassment in New Jersey, you will most likely end up spending up to at least 48 hours in the County jail pending a potential detention hearing. Under the New Jersey Bail Reform Act, all crimes that fall under the purview of Domestic Violence must be issued on what is known as a warrant status and as a result the Defendant must be taken to the County jail for at least 48 hours so Pretrial Services can conduct a risk assessment. Depending on that assessment, the County prosecutor’s may seek to file for a Detention Hearing. If that is the case, that means that the prosecution is seeking to convince the Judge that the Defendant must be detained, pretrial, without bail. These hearings can and always should be contested. For more information on detention hearings in Monmouth County, please click the link.
With that being said, since harassment charges are considered petty disorderly persons offense, they will be litigated in the local municipal court where the incident happened. But since the cyber-harassment charges are considered indictable offenses, those charges must be transferred to the Monmouth County Superior Court, which is in Freehold for disposition. For more information on these offense, please click the corresponding links.
Served with a TRO for Harassment in New Jersey?
If you have been served with a temporary restraining order in New Jersey based on an act of harassment, we strongly urge that you contact an experienced domestic violence lawyer as soon as possible. Temporary Restraining Orders are exactly what one would think, temporary in nature. In order to become a permanent final restraining order a hearing must be conducted, where it will be the victim’s burden to establish by a preponderance of the evidence that they are in need of permanent protection. Restraining orders are civil in nature and thus will be litigated in the Chancery Division, Family Part of the County where the victim resides. So, for example, if you have been charged with domestic violence harassment in Tinton Falls and the victim files for a temporary restraining order, the charges will be litigated in the Family Part of the Monmouth County Superior Court. This hearing is separate and apart from any other potential hearing surrounding the criminal aspect of the case. Restraining orders are very complex matters and are typically litigated on an expedited basis do the allegations. As such, it is crucial that you fully understands your rights and the consequences if a temporary restraining order is to become a final restraining order.
Domestic Violence Harassment Charge Attorney in Middletown NJ
If you have been charged criminally or served with a temporary restraining order based on an act of domestic violence in Monmouth County, the Law Offices of Proetta & Oliver can help. To schedule a free initial consultation today, please contact our Middletown or Freehold office at 732.858.6959. One of attorneys would be glad to go over the entire process with you and give you our honest feedback on how we think we can be of assistance. As always, our initial consultation are free of costs, so if you have any questions whatsoever, please do not hesitate to call.