Arrested for a Domestic Violence Charge in Ocean New Jersey?
It is no secret that New Jersey as a whole takes domestic violence allegations very seriously and law enforcement in Ocean Township is no exception. In fact, in New Jersey, if the police are called to the scene to investigate a domestic violence allegation and there is any visible sign of injury or even a struggle, more likely than not, one of the parties will be taken into custody. New Jersey has in essence adopt a zero tolerance policy, one that will always error on the side of caution with these types of allegations. Domestic violence allegations can lead to a wide array of potential legal battles, including but not limited to detention hearings, criminal charges, restraining orders and weapons forfeitures.
Local Attorneys who Defend Domestic Violence Cases
At Keith Oliver Criminal Law, we fully understand that when it comes to domestic violence allegations emotions will be running high. That is just one of the main reasons that we strongly urge for anyone facing domestic violence charges in Ocean Township, or elsewhere in Monmouth County, contact an experienced defense attorney as soon as possible. Understanding your options is absolutely crucial when it comes to mounting a successful defense. We serve all of Monmouth County, including Ocean Township, as well as allegations stemming from incidents at Monmouth University. If you would like to set up a free initial consultation today with one of our Monmouth County domestic violence defense attorney today, then please contact our office at 732.858.6959. Now here is some information on domestic violence charges.
Why is it Considered Domestic Violence if there was no Violence?
Domestic violence is simply a phrase, it was not meant to be taken literally, i.e. requiring some form of physical violence. There are several acts of domestic violence that do not require any specific acts of violence. In order to obtain protection under the New Jersey Domestic Violence Prevention Act, the individual must first qualify as a “victim”. In order to be considered a victim of domestic violence, the individual must satisfy one of the following conditions:
- A present or former household member of the Defendant; or
- A person who has a child or is expecting to have a child in common with the Defendant; or
- A person who was either previously or currently in a dating relationship with the Defendant.
If the individual satisfies anyone of the following conditions, they may be able to seek the enhanced protections under the New Jersey Prevention of Domestic Violence Act if the incident in question leads to the defendant be charged with one of the following crimes:
If both of the conditions are satisfied, the defendant could find themselves facing criminal charges, being served with a temporary restraining order and having their weapons seized.
Charged with a Domestic Violence Felony in Ocean New Jersey
Anyone placed under arrest and charged with a crime classified as an “act of domestic violence” will more likely than not have their charges issued on what is known as a Complaint-Warrant. That means that the individual must be taken to the Monmouth County Jail for at least 24 hours so that pretrial services can do their public safety assessments. This assessment will be used by the Monmouth County Prosecutor’s Office in order to determine whether or not they will be filling for a formal detention motion at the defendant’s Central Judicial Processing Hearing. If a formal detention hearing is requested, it will then be up to the judge whether or not the defendant will be released on bail pretrial. This hearing will take place approximately five days after the defendant’s arrest. Once bail is determined, the defendant will then be forced to litigate the charges in criminal court. All disorderly and petty disorderly persons offenses will be litigated in the local municipal court where the incident happened. Conversely, if the domestic violence charges are considered felony offenses, then the charges will be litigated in the Monmouth County Superior Court, which is located in Freehold Township. For more information on how domestic violence criminal charges are litigated in Monmouth County, please click the link.
My Spouse Filed a Temporary Restraining Order in Ocean Township
Anyone served with a temporary restraining order in Monmouth County will be forced to litigate the allegations in the Chancery Division, Family Part of the Monmouth County Superior Court. In order for a temporary restraining order to become a final order of protection, a final restraining order hearing must take place. This hearing is in essence a mini-trial whereby the victim will be called upon to present their case, including any evidence which they may have as well as be subject to cross examination. It will ultimately be up the judge whether or not a final restraining order is necessary. For more information on restraining orders in Monmouth County, including what the victim must prove in order to obtain a final restraining order, please click the link.
Detained on Domestic Violence Charges in Ocean Township?
As you can see from above, domestic violence allegations are not something to take lightly. If you have unfortunately found yourself in this type of situation and would like to speak to one of our Monmouth County domestic violence defense attorneys today, please contact our office at 732.858.6959 or you can try contacting us online. We fully understand that these types of incidents occur during all hours of the day, as such we make ourselves available 24/7 to help assist in any way possible. If you have any questions whatsoever, please do not hesitate to contact us.