Need Lawyer Near Watchung for Domestic Violence Charge
It is no secret that verbal arguments are going to happen between loved ones. That is just a part of life. However, when things escalate and the argument either turns physical or serious threats are made, things can quickly snowball. New Jersey takes domestic violence allegations extremely seriously. In fact, when it comes to investigating domestic violence allegations, law enforcement has what amounts to a no tolerance policy. In other words, if law enforcement is called to the scene of a domestic violence incident, if there are any signs of injury, the aggressor is more likely than not going to be placed under arrest. That is regardless of whether the alleged victim wishes for that or not. When it comes to domestic violence allegations, the aggressor, also known as the defendant could find themselves being charged criminally as well as being served with a temporary restraining order (TRO). As you will see below, domestic violence allegations are not something to take lightly.
These type of allegations are widespread and affluent towns like Watchung are not immune to it. If you have unfortunately found yourself being charged with a crime of domestic violence or served with a restraining order in the Borough of Watchung, the Law Office of Proetta, Oliver & Fay can help. Our office fully understands how emotional domestic violence allegations are. To make matters worse, since domestic violence typically involves loved ones, it makes an already stressful and anxiety ridden situation much worse, as their support systems are typically the one’s are forbidden from speaking to. If you would like to set up a consultation today with one of our attorneys, please contact our office at 908-533-1064. One of our Watchung Domestic Violence defense attorneys would be glad to sit down and discuss all your options with you. As always, our initial consultations are free of costs, so if you have any questions, please do not hesitate to contact us.
Facing a Domestic Violence Charge in Watchung
In 1991 the legislature created the New Jersey Domestic Violence Prevent Act. This act gave the victims of domestic violence enhanced protections. Some of the most common acts of domestic violence we see issued in Somerset County, including in Watchung are: simple assault, harassment, stalking, terroristic threat, sexual assault, trespassing and cyber-harassment. The specific charge will dictate what court will have jurisdiction over the case. All disorderly persons domestic violence offenses, which is New Jersey’s version of misdemeanor, that occur within the Borough of Watchung will be litigated in the Watchung Municipal Court. Conversely, all indictable offense domestic violence allegations, which are considered felonies, must be transferred from the Watchung Municipal Court to the Somerset County Superior Court, Criminal Division for disposition. If the incident involved both disorderly persons offense and indictable offense charges the entire case will need to be transferred to the Somerset County Superior Court for disposition. Here is a breakdown of some of the most common disorderly persons and indictable domestic violence offenses:
Disorderly Persons Offenses
Served with a Temporary Restraining Order in Watchung
Anyone served with a Temporary Restraining Order in New Jersey could be forbidden from returning to their residence, speaking to the alleged victim, seeing their children and having their firearms seized. Now these restrictions will be temporary until a final restraining order hearing can be conduct, which pursuant to the statute, must take place within 10 days of the issuance of the TRO. With that being said, if after the final restraining order (FRO) is conducted, a judge determines that a final order of protection is necessary, some of those conditions will stay in place. An FRO hearing is in essence a mini-trial, the victim will be required to put forward whatever evidence they having including but not limited to text messages, emails, photos, videos and witnesses. The victim as well as their witnesses will be subject to cross examination by the defendant. In addition, the defendant will be allowed to put forward whatever evidence that may have and call any witnesses as well. As you can see, these hearings are complex and since they are almost always emotionally driven, it is strongly recommended that you speak to any attorney about your options. The potential consequences of a final order of protection can be devastating. Being placed in a National Domestic Violence Registry can have lifelong consequences. Furthermore, it is important to note here that unlike almost every other state in this country, New Jersey restraining orders never expire.
Need to Speak to a Local Watchung Domestic Violence Lawyer
As you can see from reading above, domestic violence allegations are not something to underestimate. The potential consequences can have a devastating impact on the alleged defendant’s life. If you have been charged with a criminal offense for domestic violence or served with a temporary restraining or both, in Watchung or elsewhere in Somerset County, the Law Office of Proetta, Oliver & Fay can help. If you would like to speak to one of our Watchung Restraining Order defense attorneys today, please contact us at 908-533-1064 or you can try contacting us online.