Domestic Violence Lawyer in Tinton Falls New Jersey
Need Lawyer for Domestic Violence Charge in Tinton Falls
New Jersey as a whole takes domestic violence allegations very seriously, this is evident by the legislature’s enactment of the Domestic Violence Prevention Act in 1991, which is governed by NJSA 2C:25-17. Over the years, domestic violence has become a major concern in New Jersey. Law enforcement has in essence been instructed to error on the side of caution when investigating a potential domestic violence incident. This has certainly resulted in the issuance of more domestic violence criminal charges and temporary restraining orders being filed. The Township of Tinton Falls sees its fair share of domestic violence related arrests on a yearly basis. If you have unfortunately found yourself in this type of situation, we strongly urge that you speak to an experienced criminal defense attorney as soon as possible about your options. Being arrested in general can be extremely stressful and can lead to high anxiety, unfortunately, domestic violence incidents tend to only increase those feelings. Furthermore, unlike most other crimes, domestic violence offenses typically involve the loved ones that most would lean on when dealing with a criminal case. As a result, that tends put added stress and anxiety into the situation. Our attorneys has been defending those charged criminal with domestic violence acts, like simple assault, harassment, stalking and terroristic threats as well as those served with temporary restraining orders in Tinton Falls for a decade now. If you would like to speak to one of our Tinton Falls Domestic Violence defense attorneys today about your options, please contact our office at 732.858.6959.
Charged with Domestic Violence in Tinton Falls
Anyone arrested and charged with an act of domestic violence in Tinton Falls will be forced to defend themselves against the allegations in one of two courts. The specific charge levied against the individual will dictate what court has jurisdiction over the charges. All disorderly persons offense (misdemeanor) domestic violence charges, which include: simple assault, harassment and trespassing will be litigated in the Tinton Falls Municipal Court. The Tinton Falls Municipal Court is located at 556 Tinton Ave. Conversely, all indictable domestic violence offenses (felony) will be transferred from the Tinton Falls Municipal Court to the Monmouth County Superior Court, Criminal Division for disposition. Some of the most common felony domestic violence criminal charges include but are not limited too: aggravated assault, terroristic threat, stalking, sexual assault and cyber-harassment. If the individual is charged with both a disorderly persons offense like simple assault and an indictable offense like terroristic threats, both charges will need to be transferred to the Monmouth County Superior Court.
It is important to note here that pursuant to New Jersey’s Bail Reform Act, which was implemented in 2017, almost all domestic violence charges will be issued what is known as a Complaint-Warrant. That means that the individual charged will almost certainly be required to spend at least 24 hours in the Monmouth County Jail pending their Central Judicial Processing Hearing. This is so that pretrial services can conduct their assessment and make a recommendation to the court about whether or not the individual should be released. The prosecutor assigned to the case will need to make a determination based on that assessment to either agree to release the individual or file a formal motion for detention. If the prosecutor files a formal motion for detention then a hearing will be conducted usually about 5 days later and it will ultimately be up to the judge whether the individual gets released. For more information on detention hearings in Monmouth County, please click the link.
Served with a Temporary Restraining Order in Tinton Falls. What Should I Expect?
Anyone charged with a crime of domestic violence may also find themselves being served with a temporary restraining order (TRO). A TRO is separate and apart from any underlying criminal charges. A TRO will forbid the individual being served from having any contact with the alleged victim. Furthermore, the could be forbidden from returning to their residence, seeing their children and having their firearms seized. With that being said, a TRO is temporary in nature. In order to have a TRO become a final order of protection in New Jersey a formal hearing must be conducted. This hearing is in essence a mini-trial. The victim will be required to put forth whatever evidence they have, including but not limited to text messages, emails, photos and videos. In addition, they will be able to call witnesses to help establish their case. The individual served would have the same opportunity to put forth any evidence they may have in order to counter the victim’s allegations. For more information on final restraining order hearings in Monmouth County, please click the link.
Need to Speak to a Domestic Violence Attorney Near Tinton Falls NJ
Proetta, Oliver & Fay, which is a Monmouth County based criminal defense firm, defends those arrested for crimes of domestic violence and those served with a restraining order in Monmouth County, including in Tinton Falls. Our attorneys fully understand how emotionally driven these types of cases can be. If you would like to set up a free initial consultation today, then please contact our office at 732.858.6959 or you can try contacting us online. As you can see from reading above, these types of allegations are not something to take lightly. The potential consequences can be absolutely crippling. So if you have any questions whatsoever, please do not hesitate to contact us.