Charged with a Domestic Violence Offense in Montgomery
Being accused of a crime of domestic violence can be extremely stressful and more often than not, the one person that the individual would like to speak to the most tends to be the one they are forbidden from contacting. New Jersey takes domestic violence allegations very seriously. As a whole, the State has basically adopted what amounts to a zero tolerance policy. In other words, if the police are called to the scene of a domestic violence incident and they determine that in fact a crime was committed, no matter how minor, the aggressor will be placed under arrest and removed from the scene. Furthermore, there is a very good chance that if the aggressor is granted bail, there is a good chance that a condition of that release would be a no return to scene and a no victim contact. To make matters worse, the victim of domestic violence, will also have the ability to seek a temporary restraining order (TRO) as well. This could be in addition to any domestic violence criminal charges as well.
Domestic violence incidents tend to get heavily scrutinized by not only law enforcement but the prosecution as well. This is just one of the many reasons that if you have been charged with a crime of domestic violence or served with a temporary restraining order in Montgomery Township, we strongly urge that you contact an attorney immediately. Understanding your options is absolutely crucial when it comes to mounting a successful defense to domestic violence allegations. Even though Montgomery Township is one of the more affluent municipalities in all of Somerset County, is still forced to deal with its fair share of domestic violence incidents. If you have unfortunately found yourself in this type of situation and would like to speak to one of the Montgomery domestic violence defense lawyers at Proetta, Oliver & Fay, then please contact our office at 908-533-1064. Now here is some key information on domestic violence allegations in Montgomery Township.
Need Help with a Restraining Order in Montgomery New Jersey?
Have you been served with a temporary restraining order in Montgomery? If so, here is what you need to know. Although a temporary restraining order is technically temporary in nature, the immediate repercussion can be devastating. They include but are not limited too, forbidden from returning to your home, forbidden from contacting the alleged victim as well as forbidden from seeing and communicating with your children. These conditions will remain in effect until a final restraining order (FRO) can be conducted. In New Jersey, in order for a TRO to become a permanent order of protection, a final restraining order hearing must be conducted. This hearing is basically a mini-trail, whereby each party will be called upon follow the traditional rule of evidence when presenting their cases. Both parties will be called upon to present their cases, including calling whatever witnesses as well as introducing whatever evidence them deem appropriate. It will then be up to the judge to determine first, whether the plaintiff was the victim of an act of domestic violence (assault, harassment, stalking) at the hands of the defendant and secondly, whether a final order of protection was necessary in order to prevent future acts of domestic violence.
All final restraining order hearings that arise out of an incident in Montgomery Township will be transferred to the Somerset County Superior Court, Chancery Division, Family Part, which is located in Somerville. These hearing tend to be very emotional and as a result, we strongly recommend that you speak to an experienced domestic violence lawyer prior to appearing in court. Unlike most other states throughout the country, final order of protections are permanent, in other words they never expire. For more information on restraining order hearings in Somerset County, please click the link.
Charged with Domestic Violence in Montgomery Township
As one would imagine, domestic violence charges are not something that is taken lightly. All domestic violence disorderly persons offenses (misdemeanor) that occur within the borders of Montgomery Township will be litigated in the Montgomery Municipal Court, which is actually heard in Hillsborough Township. Some of the most common domestic violence misdemeanors that we see issued in Montgomery include but are not limited to simple assault, harassment and trespassing. However, all domestic violence indictable (felony) offenses that occur in Montgomery Township will need to be transferred from the Montgomery Municipal Court to the Somerset County Superior Court, Criminal Division, which is located in Somerville. Common indictable felony offenses issued in Montgomery include aggravated assault, stalking, terroristic threats and cyber-harassment. It is important to remember, that these charges can and more often than not, are in addition to a temporary restraining order. For more information on these offenses, please click the corresponding links. Furthermore, obtaining bail on domestic violence allegations can become complicated, for more information on detention hearings in Somerset County, please click the link.
Looking for a Domestic Violence Lawyer in Montgomery Township
As you can see from reading above, domestic violence allegations are not something to underestimate. The potential ramifications of both domestic violence criminal charges and temporary restraining orders can be unforgiving. If you have unfortunately found yourself in this type of situation in Montgomery Township or elsewhere throughout Somerset County, including Watchung, Branchburg, Bernards, Bridgewater or Hillsborough the Law Office of Proetta, Oliver & Fay can help. To set up a free initial consultation today, please contact our office at 908.533.1064 or you can try contact us online.