Monmouth County Domestic Violence Lawyers

Domestic Violence Defense Attorney In Freehold New Jersey

A New Jersey domestic violence case arises in Monmouth County whenever someone files a restraining order or a criminal offense alleging a predicate act under the Domestic Violence Act is issued. Once an individual is charged with domestic violence in either of these contexts (or both), they are typically barred from any contact with the victim as a result of either a temporary restraining order or a no contact order entered on the criminal charge. A Monmouth County domestic violence offense also has the potential of severely impacting your life and future since it can permanently preclude you from residing, communicating or having a relationship with the plaintiff and any other parties set forth in the Domestic Violence Complaint, not to mention expose you to penalties that include the possibility of jail, fines, and a criminal record.  This is why it is so important to speak with an experienced Monmouth County domestic violence lawyer as soon as possible.

At Marshall Criminal Defense, our attorneys help keep a domestic violence charge from escalating into a conviction or a final restraining order that can turn your life upside down. We can offer you qualification that are clearly exceptional, including:

• A team of 15 lawyers that practice exclusively in the area of criminal defense
• Over 200 years of combined experience defending clients at final restraining order hearings at the Monmouth County Superior Court in Freehold NJ, as well as criminal charges at the county or municipal court level
• Former Monmouth County Prosecutors who have served as Director of Major Crimes, Domestic Violence, Juvenile, and even the entire Trial Division
• Former municipal prosecutors in Howell, Holmdel, Brielle, Manasquan, Middletown, Matawan, Colts Neck, Hazlet, and Wall Township
• Certified criminal trial attorneys
• A long history of success in defending allegations of domestic violence in family court and criminal court

Contact our law office today for a free initial consultation with an experienced criminal defense attorney. A criminal lawyers is available 24/7 in our Freehold Office. We encourage you to call 877-450-8301 to discuss the relevant criminal law and family law, and to obtain informative legal advice regarding the restraining order or domestic violence criminal offense charged.

What Happens When a Domestic Violence Claim is Made in Monmouth County?

New Jersey police are trained to react strongly to domestic violence calls, especially if there are any signs of injury or abuse to a domestic violence victim. A police office is required to issue a domestic violence criminal charge and make an arrest if:

1. There are any signs of injury caused by an act of domestic violence
2. There is probable cause to believe a weapon was used to commit an act of domestic violence
3. A warrant is in effect against the defendant
4. A no-contact court order (restraining order) has been violated

Even if none of these four circumstances are present, police still have authority to make a criminal arrest in their discretion. When determining whether to make an arrest, the police in Freehold, Holmdel, Howell, Middletown or another Monmouth County municipality should consider the following:

1. The comparative extent of injuries suffered,
2. The existence of a history of domestic violence between the parties,
3. Each person’s fear of physical harm caused by the other party’s threatened or actual use of force,
4. Whether one person was acting in self-defense and inflicted injuries upon the aggressor,
5. Other relevant factors.

Whenever there are allegations of domestic violence, the police are also required to offer the “victim” an opportunity to seek a temporary restraining order. If this opportunity takes place during regular business hours, the domestic violence victim will typically be directed to the Family Division of the Monmouth County Superior Court so that they can apply for entry of a restraining order. If the incident occurs outside court hours, the police office is supposed to contact the on call judge (e.g. the town’s municipal court judge) to present the allegations of the victim for purposes of determining whether a temporary restraining order should be issued. If the temporary restraining order is granted, it will typically require that the accused:

1. Vacate any residence shared with the victim
2. Surrender possession of all firearms or other weapons
3. Refrain from contact or communication with the accuser, their children, and any other plaintiffs identified in the domestic violence complaint

If there is already a final restraining order or temporary restraining order in effect, the accused is not only automatically jailed upon reporting of the new incident but is also charged with a separate criminal offense for violation of a restraining order.

Domestic Violence Criminal Offense In Monmouth County

There are certain criminal charges that constitute a predicate act of domestic violence under New Jersey law. The following are the offenses that constitute domestic abuse and form the basis for a criminal charge and also issuance of a restraining order:

When the victim of any of these criminal offenses is someone who qualifies for the protections under the New Jersey Domestic Violence Act, the violation constitutes a domestic violence offense. An incident of this nature can result in criminal charges in either municipal court or at the Monmouth County Superior Court, and also constitute the predicate act for issuance of a restraining order. Successfully defending an action on either of these fronts hinges largely on the Monmouth County domestic violence lawyers representing you. We certainly have the tools to serve you well in this capacity.

Who Qualifies As A Victim In Order To File A Restraining Order In Monmouth County?

A victim of one of the offenses previously listed has standing to file a restraining order if they are subjected to domestic abuse by:

• Spouse or former spouse
• Current or former household member
• Person with whom they dated
• A parent with whom you have a child in common

When a victim has any of these relationships with the perpetrator, the Domestic Violence Act allows they to apply for entry of a temporary restraining order. This relief will generally be granted if the qualifying victim establishes probable cause, that is, a reasonable basis for believing, that a predicate act of domestic violence ordered. The presence of personal injury is not a prerequisite to probable cause.

How Our Attorneys Can Help You Fight Monmouth County Domestic Violence Charges

More often than not, domestic violence is a he-said, she-said situation. Police typically arrive in the middle of a lengthy dispute and can only respond to what they are told (often by victims who are in an emotional state). By law, police officers must take the side of the apparent victim, even though these situations are rarely black and white.

As your domestic violence attorney, we’ll be sure to get your side of the story – and we’ll zealously defend your rights. Our first move is often to secure your release from custody if you are being held. Then, we can begin to investigate what really happened. During our investigation, we’ll consider the following:

• Whether the alleged incident was intentional or accidental,
• Whether the police’s understanding of events matches your memory of the incident,
• What the 911 recordings indicate,
• Whether there are medical records or photos to prove the victim’s injuries,
• Whether the alleged victim intentionally harmed themselves,
• Whether you were operating in self-defense,
• Whether there were any witnesses to the incident,
• Whether there are reasons not to believe the alleged victim, such as drug abuse, impairment, mental illness, or a history of false statements,
• Whether you have any conditions that make you physically or mentally unable to perpetrate domestic violence,
• Whether there was police misconduct, such as illegal search and seizure or failure to read your Miranda rights.

Incidents of alleged domestic violence are often emotionally charged. And we know from experience that accusations made in the heat of the moment can be exaggerated or entirely false in some situations. As your legal counsel, we’ll get your side of the story and may even reach out to your accuser, if appropriate. It is not uncommon for domestic violence charges to be withdrawn once cooler heads prevail.

In some domestic violence cases, prosecutors and even the court can be persuaded to dismiss and/or drop domestic violence charges. In other scenarios, prerequisites like anger management can be requested as a condition to dismissal.

And if we are unable to get your restraining order lifted, we’ll work with you to obtain the best child custody and visitation in place.

But to ensure the best possible outcome in your case, it is important that you work with a seasoned Monmouth County domestic violence lawyer as soon as possible. The sooner our attorneys are involved in your case, the sooner we can begin our investigation into the incident, and developing all viable defenses so that the very best outcome can be achieved.

Contact Our Monmouth County Domestic Violence Lawyers Today

If you have been charged with domestic violence, contact our experienced criminal defense attorneys right away. Don’t make the foolish mistake of thinking that a criminal charge or restraining order can be handled without competent legal counsel since the Domestic Violence law is much more complicated than you think. The ramifications of an unfavorable outcome are also potentially life changing. This is why it is so shortsighted to walk into Family Court to defend a restraining without a highly qualified domestic violence attorney at your side. The pitfalls are even more apparent where a criminal charge is looming.

Our team of accomplished defense lawyers will work diligently to ensure you do not have the potentially severe punishments allowed under New Jersey law for domestic violence. Contact our law office in Freehold anytime 24/7 at 877-450-8301 for a free initial legal consultation, and we’ll explain how we can zealously defend your rights.