Domestic Violence Lawyer in Hazlet
Need a Local Domestic Violence Defense Attorney in Hazlet
Being charged with a criminal offense can be frightening as well as overwhelming. Often times, individuals will turn to loved ones for support to help them get through the situation. However, if the incident involves a loved one and it is classified as an “act of domestic violence”, the stress and anxiety only increases. New Jersey as a whole takes domestic violence allegations very seriously and the Township of Hazlet is no exception. As you will see below, an individual alleged to have been in a domestic dispute, can find themselves being charged criminally or served with a temporary restraining order (TRO) or both. Furthermore, if the individual is in fact charged criminally for an offense like, simple assault, aggravated assault, harassment, terroristic threats, trespassing or sexual assault that charge will almost certainly require the individual to spend up to 48 hours in the Monmouth County Jail pending a bail hearing.
If you have unfortunately been charged with a domestic violence offense in the Township of Hazlet and would like to speak to one of the attorneys at the Law Office of Proetta, Oliver & Fay, please contact our Middletown office at 732.858.6959. Our attorneys have been defending those served with restraining orders and domestic violence criminal offenses in towns throughout Monmouth County for just under a decade. These are not matters to take lightly, as you will see below, a TRO can result in the individual being unable to return to their home, see their children and would require them to forfeit any firearms. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us. Now here is some more information on Domestic Violence Charges in Hazlet.
Served a Temporary Restraining Order in Hazlet. What Should I Expect?
Being served with a temporary restraining order (TRO) is not something to take lightly. Unlike criminal charges, a temporary restraining order is civil in nature and will be litigated in the Monmouth County Superior Court, Chancery Division, Family Part. TRO’s are exactly what they sound like, they are temporary in nature. In order for a TRO to become a final restraining order (FRO) a formal hearing must be conducted. During that hearing, the plaintiff (victim) will be required to establish by a preponderance of the evidence that they are not only the victim of an act of domestic violence at the hands of the defendant but that a permanent order of protection is necessary in order to protect them from future acts of domestic violence. These hearings are in essence mini-trials. The parties will be required to present their evidence, call witnesses and be subject to cross examination from the other party. These hearing are almost certainly going to be very emotional and as such, key crucial evidence tends to get overlooked, that is why we strongly urge that anyone served with a TRO contact an experienced attorney prior to appearing in court. Final restraining orders are permanent in New Jersey, in other words they never expire and they can be very difficult to win on an appeal. Some of the most common acts of domestic violence that we see leading to the issuance of a temporary restraining order in New Jersey are as follows:
If a permanent restraining order is issued, the defendant could be saddled with the following consequences: fingerprinted and placed into a domestic violence registry; no contact with the plaintiff or any other protected parties listed in the FRO; all firearms must be forfeited; domestic violence counseling and fines. For more information on restraining orders in New Jersey, please click the link.
Arrested for a Domestic Violence Charge in Hazlet NJ
The governing statute in New Jersey for Domestic Violence is NJSA 2C:25. In order for the crime to be classified as an act of domestic violence, the victim must fall under one of the subsections of NJSA 2C:35-19d. Those subsections are as follows:
- Any person who is 18 years or older or who is an emancipated minor and who has been victim of an act of domestic violence by a spouse, former spouse, or any other person who is a present or former member; or
- Any persons, regardless of their age, who has been the victim of an act of domestic violence by a person whom they have a child in common with, or with whom the victim anticipates having a child in common, if one of the parties is in fact pregnant; or
- Any person who is the victim of an act of domestic violence at the hands of someone they have had a dating relationship.
If the victim falls under one of the previous categories, a defendant charged with any of the following crimes, will have their incident classified as an act of domestic violence:
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespassing
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Sexual Assault
If the charges are considered a disorderly persons offense (misdemeanor) then the charges will be litigated in the Hazlet Municipal Court, which is located at 255 Middle Road. Conversely, if the charges are considered indictable offenses (felony) then the charges need to be transferred to the Monmouth County Superior Court, Criminal Division, which is located in Freehold for litigation. If the defendant is charged with both disorderly persons offenses and indictable offenses, then the all of the charges will be transferred to the Monmouth County Superior Court.
Can I get Bail on a Domestic Violence Charge in Monmouth County?
Anyone charged with any of the of the aforementioned offenses will almost certainly have their charges issued on a Complaint-Warrant as opposed to a Complaint-Summons. If that is to occur, they will most likely be required to spend at least 24 hours in the Monmouth County Jail pending their Central Judicial Processing (CJP) hearing. By that hearing the Monmouth County Prosecutor Office will have to make a determination of whether they will be filling a motion for detention. If they do, a formal hearing will then be conducted, usually within five days, and it will be up to the Judge to determine whether or not the defendant will be released upon bail pending trial. Remember this is just the start of the process. Once this part of the process is complete, the defendant will then have to litigate their charges in criminal court, which includes arraignment, status conferences, motions practice and eventually trail if it comes to that. It is important to note here the criminal charges and the restraining order are separate and apart and will need to be litigated in different courtrooms.
Local Attorney Near Hazlet for Domestic Violence Charge
Proetta, Oliver & Fay is a Monmouth County based criminal defense firm that has been defending those accused of serious domestic violence allegations in courts throughout the county, including the Hazlet Municipal Court. Our office offers free initial consultations, so if you have been charged with assault, harassment, stalking, false imprisonment or served with a temporary restraining order in the Township of Hazlet, we can be of assistance. To speak to one of our Hazlet criminal defense attorneys today, please contact our office at 732.858.6959 or you can contact us online.