Domestic violence is an issue that can impact any municipality and the Borough of Tinton Falls is no different than any other. Disagreements arise in any relationship but it is a much bigger issue when the conflict results in a criminal charge or issuance of a restraining order (e.g. temporary restraining order). You not only face significant penalties upon conviction for a offense like aggravated assault but also the impact of being barred from any contact with the alleged victim where restraints or a no contact order has been entered. Enlisting the services of an accomplished attorney is a must whenever someone is confronted with circumstances such as these. Thankfully, you have already found skilled lawyers to serve you in this role at the Law Offices of Jonathan F. Marshall. Our team includes former municipal and county prosecutors in Monmouth County and attorneys who have defended countless individuals with success who have been arrested and/or charged with domestic violence in Tinton Falls and other area communities. To discuss the circumstances surrounding your criminal offense or restraining order, contact our office at 732-450-8300 and a lawyer will provide you with a comprehensive free consultation.
Charged With A Domestic Violence Criminal Offense in Tinton Falls New Jersey
There are seventeen (17) charges that fall under the ambit of “domestic violence” when they are committed against someone who qualifies under the New Jersey Prevention of Domestic Violence Act. An individual qualifies for this protection if they dated, married, lived with or had a child with the defendant. When this circumstance exists, an act of domestic violence occurs when the accused commits:
- Assault (i.e. simple assault or aggravated assault)
- Terroristic Threats
- Criminal Restraint
- False Imprisonment
- Criminal Coercion
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespass
If you were accused of one of these offenses, the norm is for a warrant complaint to be issued for your arrest. What this means is that you will likely be taken into custody, processed, transported to the Monmouth County Correctional Institute, and remain in custody until such time as an order for your release is issued by a Superior Court judge. This process can take up to 48 hours and even be extended by the prosecutor if he/she filed a motion to detain at your initial court appearance.
Issuance of a Temporary Restraining Order
If a qualifying victim requests issuance of a restraining order by the Tinton Falls Police, a call will be made to ask a judge to enter a temporary restraining order. This relief prohibits any contact with the victim until a final ruling is made as to whether or not the restraining order is necessary. The proceeding where this occurs is called a Final Restraining Order Hearing and this proceeding occurs in Freehold at the Family Division of the Monmouth County Superior Court. This is the forum where you get to tell your side of the story and present all evidence that you believe refutes the fact that an act of domestic violence occurred or that the final restraining order is required in order to protect the accuser.
Restraining Order Lawyers in Tinton Falls NJ
A restraining order can clearly have a devastating impact on your life. It will prevent you from returning to the residence your share with the alleged victim, seeing your children or communicating with either in any context. The situation is even more complicated where criminal charges have been issued since there is the collateral consequence of a potential record and everything that flows from a conviction. Selecting an attorney who is not only experienced in criminal defense but also adapt in domestic violence cases can prove invaluable. The lawyers at our firm definitely qualify in this respect with thousands of domestic violence and restraining order proceedings in their rich history. For immediate assistance from a lawyer without obligation, call 732-450-8300. Attorneys are available 24/7 to help you.
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