Charged With Domestic Violence in Monmouth County
Our Former County & Municipal Prosecutors Are Ready To Assist You
In New Jersey, the consequences of a domestic violence can be severe and devastating to your future. An individual who commits domestic abuse is not only exposed to a criminal offense for assault, harassment, terroristic threat, stalking or a number of other charges but also the life altering collateral consequence as a restraining order. When stakes are as high as those in a domestic violence case, an accomplished defense lawyer is an absolutely necessity.
The New Jersey Domestic Violence Prevention Act establishes a framework of rules and relief that are designed to protect those who are the victims of domestic abuse. This law provides zero tolerance for those who are found to be abusers by imposing an absolute bar to contact with the victim in the form of a temporary restraining once probable cause has been established to believe domestic violence has been committed. Representation by an attorney who is adapt in defending domestic violence criminal charges and restraining orders can counteract the harsh nature of this law.
At the Law Offices of Jonathan F. Marshall, our attorneys are insightful advocates that have over 100 years of combined experience defending Monmouth County domestic violence cases, including criminal offenses in municipal court and the Monmouth County Superior Court, as well as restraining orders in the Family Division in Freehold. Our team has the qualifications to ensure you have maximum protection. Contact our office at 732-450-8300 for a free consultation with a seasoned domestic violence lawyer at our firm.
Monmouth County Domestic Violence Charges
Domestic violence occurs when one of fourteen (14) criminal offenses is committed against someone who qualifies as a victim protected by New Jersey Law. The following relationships falls within this protection:
- Present & former household members
- Spouse or former spouses (i.e. husband or wife)
- Those who share a child
- Individuals who are dating or have dated
To qualify as a victim as a household member, the parties need not have extensive residency together. Examples of situations where the court has found there was a household relationship include residency for three months, college room mates and siblings.
When an individual qualifies for domestic violation protection, they may secure a temporary restraining order provided it is found that the accused committed one of the following offenses:
- Simple Assault
- Aggravated Assault
- Terroristic Threat
- Criminal Mischief
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
Who Decides Whether A Temporary Restraining Order Should Be Issued? The existence of probable cause must be determine by a judge. Typically, it will be a Family Court Judge sitting at the Monmouth County Superior Court who makes this determination. If the Superior Court is closed, a municipal court judge of the municipality where the violation occurred may make this decision. It probable cause is found and the judge believes that a temporary restraining order is necessary to protect the victim from additional acts of domestic violence, the relief is granted.
When Does The Accused Have The Opportunity To Contest The Temporary Restraining Order? A final restraining order hearing is conducted without the benefit of a jury at the Monmouth County Superior Court, Family Division, within 14 days of issuance of the temporary restraining order. This hearing is the proceeding where the accused has the opportunity to cross-examine the victim and present his/her side of the case. The judge must must decide, after all evidence is presented, whether a final restraining order is necessary to protect the alleged victim.
What Happens To Criminal Charges Arising Out Of Domestic Violence? Separate criminal proceedings must be conducted to determine guilt or innocence. What this means is that you will have to appear in municipal court to answer a separate criminal charge for a disorderly persons offense or in the Criminal Division of the Superior Court if you are facing an indictable crime of the first degree, second degree, third degree or fourth degree.
Is Arrest Of The Accused Ever Mandatory? Yes. A police officer is required to arrest the suspect and issue a criminal complaint if there are signs of injury to the victim, there is probable cause to believe that a no contact order has been violated, a warrant has been issued against the accused or where there is probable cause to believe that a weapon was used to commit domestic violence. Arrest is discretionary where a police officer concludes that there is probable cause to believe that the a criminal violation has been committed by the defendant.
Restraining Order Defense Attorney in Monmouth County
If you have been arrested, charged or received a restraining order for domestic violence, it is in your best interests to hire a lawyer immediately. To schedule a free, no-obligation initial consultation with one of our experienced criminal defense attorneys at the Law Offices of Jonathan F. Marshall, send us an e-mail or call 732-450-8300. Lawyers on our staff can be reached 24 hours a day, seven days a week. If you choose to hire us to represent you, we accept credit cards and offer payment plans for our legal fees. No matter what charges you are facing, we have the experience to ensure that your rights are protected throughout the process. An attorney is available to assist you now.
Additional Domestic Violence Resource Pages & Posts