Domestic Violence
Domestic violence is a term used to describe a wide range of criminal offenses committed in the context of a relationship including simple assault, aggravated assault, harassment, terroristic threats and other violations. It is also used to describe issues involving a temporary or final restraining order. Irrespective of how you find yourself entangled in a Wall NJ Domestic Violence charge, our attorneys have the know how to assist you. The Law Offices of Jonathan F. Marshall employs a team of criminal trial attorneys, many of whom are former prosecutors, that possess over 100 years of experience defending those arrested and/or charged with an offense alleging domestic violence. We have been representing clients in Wall Municipal Court and at the Monmouth County Superior Court for decades on violations of this nature. To speak to a lawyer on our staff anytime of day or night, call 732-449-2292.
Domestic Violence Restraining Orders
The judge in Wall New Jersey can enter a restraining order based on a complaint for domestic violence if the court finds that this relief is required to prevent future acts of domestic violence. The court must also find that probable cause exists to believe that an act of domestic violence was committed by the accused. When both of these elements are established, the court enters a temporary restraining order. A temporary restraining order prevents the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim, and require the defendant to stay away from these people and locations. It also bars any communication with the victim and others named in the domestic violence complaint. If you are the subject of a temporary restraining order signed in Wall Township, you have you opportunity to contest the allegations of the accused at the final restraining order hearing. At that proceeding, you have the opportunity to cross-examine witnesses, testify on your own behalf, and present your own witnesses and evidence. It is therefore important that you seek an experienced domestic violence attorney who can help you win the final hearing.
Who Can Seek Protection. Victims of domestic violence include persons who are 18 years of age or older or who are an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. Victims of domestic violence also include any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. Most often a victim of domestic violence involves a person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
Seizure of Weapons. Once the officer has probable cause to believe that an act of domestic violence has been committed, in addition to the customary authority to seize any weapon which is either contraband, evidence, or an instrumentality of a crime, the officer has authority to question persons present to determine whether there are any weapons on the premises. Upon observing or learning that a weapon is present on the premises, the officer may seize any weapon which he reasonably believes would expose the victim to a risk of serious bodily injury.
Wall NJ Domestic Violence Defense Attorney
If you or a loved one is facing a domestic violence charge in Wall NJ, it is certainly possible that you need an attorney to handle to separate proceedings. You are probably subject to a criminal offense like harassment or assault in the municipal court of Wall Township or at the Superior Court, as well as a final restraining order hearing at the Family Division in Freehold. Representation by an attorney skilled in the defense of domestic violence in both settings is an absolute must in our judgment. The Wall Criminal Attorneys at The Law Offices of Jonathan F. Marshall are prepared to effectively serve you in this capacity. To speak to a member of our defense team immediately, call our office at 732-449-2292. Initial consultations are free of charge.