Arrested for Domestic Violence in Wall Township
Have you been charged with an act of domestic violence in Wall? Was it a verbal dispute? A physical altercation? Regardless of the scenario it is imperative that you speak to a criminal defense attorney immediately. New Jersey takes domestic violence offenses very seriously and more often than not, if the police are called to a domestic dispute, someone is going to be placed under arrest. If the incident is classified as an act of domestic violence in violation of the New Jersey Domestic Violence Prevention Act the Defendant will most likely be taken to the Monmouth County Jail pending a pretrial service investigation. Pursuant to New Jersey’s bail reform act, which took place in 2017, anyone charged criminal with an act of domestic violence must be detained for at least 24 hours so that pretrial services can conduct their investigation. Then, depending on that investigation, the Monmouth County Prosecutors Office has up to 48 hours to either agree to release the Defendant on bail or file for a detention hearing. If a detention hearing is filed, that means that the prosecution will be seeking to convince the Judge that the Defendant must be detained in the county jail, without bail, pending trial. As you can see, domestic violence allegations are taken very seriously and this does not even taken into consideration the fact that the victim can seek a temporary restraining order as well. If that is to occur, the Defendant must be removed from the home pending a final restraining order hearing. A temporary restraining order is in addition to whatever potential criminal charges might be filed as well.
Need Lawyer for Restraining Order in Wall Township?
The ramifications of a restraining order alone should be reason enough to make sure that you have proper representation, let alone the potential jail term that could follow a criminal conviction for an act of domestic violence. If you or a loved one has found yourself in that unfortunate situation of being served with a temporary restraining order or charged with a criminal complaint for simple assault, harassment, cyber harassment, terroristic threats or any other act of domestic violence in Wall Township, the Keith Oliver Criminal Law can help. Our office has been defending those accused of acts of domestic violence in Wall Township and elsewhere throughout Monmouth County for just under a decade now. We fully comprehend not only what is involved in defending a criminal complaint for domestic violence as well as a restraining order. If you would like to speak to one of our Wall Domestic Violence Defense Attorneys today, then please contact our office at 732.858.6959. One of our attorneys would be glad to sit down with you and go over the specific facts of your case. Understanding the ramifications of your situation as well as your options is crucial. Please do not take these types of allegations lightly.
Common Domestic Violence Charges Issued in Wall NJ
In order to be charged with a violation of the New Jersey Domestic Violence Prevention Act the “victim” must qualify as a victim of domestic violence. Pursuant to NJSA 2C:25-19, to be considered a victim of domestic violence, the “victim” must be:
- A present or was former a household member of the Defendant; or
- Have a child in common or expecting to have a child in common with the Defendant; or
- Currently or previously in a dating relationship with the Defendant.
If the “victim” satisfies anyone of the previous conditions then they will be considered a “victim of domestic violence” and obtain the benefits under the New Jersey Domestic Violence Prevention Act if they are a victim of anyone of the following criminal offenses:
- Terroristic Threat
- Criminal Restraint
- False Imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Mischief
- Criminal Trespassing
Anyone who is accused of committing one of previously mentioned offenses against an individual that falls under the New Jersey Domestic Violence Prevention Act could be served with a temporary restraining order (TRO). If that occurs, the Defendant will be removed from the home pending a final restraining order hearing. This hearing will take place usually with 10 days of the issuing of the TRO and it will be heard in the Family Part of the Monmouth County Superior Courthouse. During this hearing it will be the victims burden to establish that they are a victim of an act of domestic violence and that they need a final order of protection in order to prevent them from future acts of domestic violence. These are very complex and involved hearings and the potential consequences can be devastating. For more information on defending a restraining order in Wall Township, please click the link.
Here is a recent article about a Temporary Restraining Order in Monmouth County that we got dismissed for one of our client after trial. J.T. v. R.D.
Facing a Domestic Violence Criminal Charge in Wall NJ
Anyone charged with a criminal domestic violence charge in Wall Township could be forced to litigate those charges in either the Wall Municipal Court or the Monmouth County Superior Court. If the incident in question involves a disorderly persons offense like simple assault, harassment, criminal mischief or trespassing charge then the Defendant will appear in the Wall Municipal Court, which is located at the 2700 Allaire Road to answer for the charges. However, if the Defendant is charged with an indictable offense like aggravated assault, terroristic threat, stalking, sexual assault or criminal restraint then they will be forced to appear in the Monmouth County Superior Court, which is located in Freehold to defend the charges. Regardless of where the charges will be ligated at, we strongly recommend that you speak to an attorney prior to appearing. Furthermore, it is important to remember that these criminal charges will be in addition to any restraining order if one is filed as well.