Charged with Domestic Violence in Branchburg Township
Branchburg Township, which is one of the more affluent municipalities in all of Somerset County is not immune to its fair share of domestic violence allegations. Over more recent years, law enforcement throughout the Country, including throughout New Jersey has taken advanced measures in an effort to better combat victim’s of domestic violence. When it comes investigating domestic violence allegations, New Jersey has instituted what amounts to a zero tolerance policy, which in turn basically requires law enforcement to arrest whoever they determine is the aggressor. This has certainly lead to an increase in the number of domestic violence related arrests. As you will see below, domestic violence incidents can lead to an individual being charged criminally, with an offense like assault, terroristic threat, stalking or harassment and/or being served with a temporary restraining order. Both of these outcomes will almost certainly have a devastating effect on the individual’s life. In fact, the effects are typically felt by both parties involved. If you have been served with a restraining order or charged criminally with a crime of domestic violence in Branchburg, the Law Office of Proetta, Oliver & Fay can help. We fully understand how emotionally driven these types of incidents are. To set up a free initial consultation today, please contact our office at 908-533-1064 or you can try contacting us online.
Arrested for a Domestic Violence Incident in Branchburg
The New Jersey Domestic Violence Prevention Act, which was enacted in 1991, creates enhanced protections for victims of domestic violence. In order for the enhanced protections to apply, first, the alleged victim must qualify as a “victim of domestic violence” (i.e. spouse, sibling, girlfriend/boyfriend) pursuant to NJSA 2C:25-19d. Secondly, the individual must be charged with one of the following offenses: Homicide, Assault, Terroristic Threats, Kidnapping, Criminal Restraint, False Imprisonment, Sexual Assault, Criminal Sexual Contact, Lewdness, Criminal Mischief, Burglary, Criminal Trespassing, Harassment and Stalking. If both of those requirements are met, then the aggressor will have their charges classified as a crime of domestic violence. Typically, all domestic violence criminal complaints must be issued on a Complaint-Warrant. That requires that the individual be taken to the County Jail pending their Central Judicial Processing Hearing (CJP) so that pretrial services can conduct their review. This almost assures that the individual will have to serve at least 24 hours in the County Jail. At the CJP hearing the prosecutor’s office will need to make a determination of whether they will be filling for detention. If they do, a formal detention hearing will be conducted, usually within five days. During this hearing it will be up to the Judge to determine whether or not the individual will be released on bail pending trial. These types of allegations are always heavily scrutinized due to the emotional aspect behind them.
Where do I go to Court for a Domestic Violence Charge?
All disorderly persons offenses domestic violence charges (misdemeanor) that occur within Branchburg Township will be litigated in the Branchburg Municipal Court. Some of the most common disorderly persons domestic violence charges we see issued include simple assault, harassment and trespassing. Conversely, all indictable offense domestic violence charges (felony) that occur within Branchburg will be transferred from the Branchburg Municipal Court to the Somerset County Superior Court, Criminal Division, which is located in Somerville for disposition. Common indictable offense domestic violence charges include aggravated assault, terroristic threat, sexual assault and stalking.
Served with a Temporary Restraining Order in Branchburg Township NJ
In addition to being charged criminally for a domestic violence incident, the individual could also be served with a temporary restraining order (TRO) as well. A TRO can be in addition or in leu of formal criminal charges. If a temporary restraining order is issued, the individual who is determined to be the aggressor (defendant) could find themselves being removed from their home if shared, forbidden from seeing their children, forced to surrender any firearms as well as forbidden from speaking to the victim. With that being said, these restraints are temporary, in order for a TRO to become a final restraining order (FRO) a formal hearing must be conducted. It is at the final restraining order hearing that a judge will hear all the evidence and make a determination of whether a final order of protection is necessary. These are in essence of mini trials and as such, we strongly recommend that you contact an experienced attorney to discuss your options. If an FRO is granted, a lot of those temporary conditions could become final.
Need to Speak to a Local Attorney for Domestic Violence Charge in Branchburg
At Proetta, Oliver & Fay we fully understand the stress and anxiety that most are under when they have been charged with a crime of domestic violence. Furthermore, we understand how devastating a conviction or a restraining order can be, as such we are dedicated to aggressively defending these types of allegations. If you would like to speak to one of the Branchburg defense attorneys on staff at our office then please contact us directly at 908-533-1064. As always, our initial consultations are free of costs. So if you have any questions whatsoever, please do not hesitate to contact us.