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Domestic Violence

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William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Somerset County NJ Domestic Violence Lawyer

Domestic Violence Lawyers in Somerset County NJ

One of most unusual aspect of the domestic violence law in New Jersey is the fact that a Defendant can face a criminal and civil case arising from the same allegation. In other words, following a domestic dispute, a Defendant could find themselves being charged criminally with assault, stalking, harassment, criminal mischief, or terroristic threats, plus they could also be served a temporary restraining order as well, which is civil in nature. Temporary restraining orders are exactly what they sound like, temporary. In order for a temporary restraining order to become final in New Jersey, a final restraining order hearing must take place. This hearing, unlike criminal charges, will be litigated in the Family Division of the Somerset County Superior Court. Also, these hearings will be based on a lesser standard of proof, that being by a preponderance of the evidence.

Need to Consult with a Domestic Violence Attorney in Somerville Area

If you have been charged with a criminal act of domestic violence or served an order of protection in Somerset County in towns like Montgomery, Somerville, Bound Brook, South Bound Brook, Bridgewater, Hillsborough, Branchburg, Warren, North Plainfield, Watchung, Manville or Raritan, the attorney at Proetta & Oliver can help. Our attorneys have been defending clients both on criminal acts of domestic violence and restraining orders in courts throughout New Jersey for years now. If you would like a free initial consultation with one of our Somerset County domestic violence defense lawyers then please contact us at (908)-533-1064.

What is the Prevention of Domestic Violence Act? Who is a Protected Party?

Need Local Domestic Violence Defense Lawyer in Somerville. Restraining Order Attorney Near MePursuant to NJSA 2C:25-19d, a Victim of Domestic Violence can be anyone of the following people:

  • Any person who is 18 years or older or who is an emancipated minor and who has been victim of an act of domestic violence by a spouse, former spouse, or any other person who is a present or former member; or
  • Any persons, regardless of their age, who has been the victim of an act of domestic violence by a person whom they have a child in common with, or with whom the victim anticipates having a child in common, if one of the parties is in fact pregnant; or
  • Any person who is the victim of an act of domestic violence at the hands of someone they have had a dating relationship.

Pursuant to NJSA 2C:25-19a, anyone of the following crimes will be considered an act of domestic violence, provided the victim qualifies one of the above conditions:

Bound Brook NJ Restraining Order Lawyer

Being charged with a criminal complaint can be extremely nerve wracking. However, hiring the right attorney, one who has a firm grasp of not just the legal system but who the individual courts operate can go a long way to alleviating some of that stress. The attorneys at Proetta & Oliver defend clients accused of all types of acts of domestic violence in courts throughout Somerset County, New Jersey but some of the most common offenses include:

What Happens After Being Arrested for Domestic Violence Charge in Somerset County NJ?

Arguments between loved ones is going to happen but when they escalate to the point that the police need to intervene, more likely than not somebody is going to get arrested. To make matters worse, based on the new bail reforms, an individual charged criminal with an “act of domestic violence” will most likely be detained in the Somerset County jail for at least 48 hours so that pretrial services can do a risk assessment. Furthermore, if the prosecution sees fit, they can then file for a Detention Hearing and seek to keep the individual detained, pre trial, without bail. This decision will be made by the individual’s Central Judicial Processing Hearing.  So, now more than ever, it is crucial that you speak to an experienced Somerset County criminal defense lawyer as soon as possible.  Detention hearings in New Jersey can always be and should always be contested. With all that being said, this is just the beginning. Remember, securing bail, is just the initial step in every criminal case. If domestic violence criminal charges are filed, the next step would be to determine what Court will have jurisdiction over the case. All indictable domestic violence offenses, which is New Jersey’s of a felony will be transferred from the local Municipal Court to the Superior Court of the county to where it happened. Conversely, all disorderly persons domestic violence offenses will be litigated in the Municipal Court in the municipality where the incident happened.  Once that is determined, the next step is litigating the actual case, whether that be via motion practice, plea negotiations or trial. It is important to remember, that if the individual is served with a temporary restraining order too, that case will be in addition to the criminal charges, despite the fact that they typically derive from the same set of facts. For more information on detention hearing in Somerset County, please contact our office at (908)-533-1064.

Speak with a Hunterdon County NJ Domestic Violence Attorney Today

Whether you have been served a temporary restraining order, issued a complaint for simple assault, terroristic threats, kidnapping, false imprisonment, sexual assault or criminal sexual contact in Somerset County, New Jersey it is imperative that you speak to an experienced criminal defense attorney as soon as possible. Our office has been defending clients accused of acts of domestic violence for years now. We serve all of Somerset County, including towns like Bernards, Warren, Rocky Hill, Montgomery, Raritan, Branchburg, Bernardsville, Franklin and Far Hills. If you would like to speak to one of our Somerset County domestic violence defense lawyers about your options then please contact us at (908)-533-1064. We are well aware that these types of incidents occur at all hours of the day, as such, we try to make ourselves available around the clock to help assist in anyway that we can.