Freehold Domestic Violence Lawyer

Domestic Violence Attorney in Freehold

Domestic violence charges can lead to serious repercussions in New Jersey, from criminal charges to restraining orders to far-reaching consequences for parent rights, employment, and reputation. If you are dealing with domestic violence charges, it is crucial to work with an empathetic Freehold domestic violence lawyer from Michael Rosas Law PC, who can help you challenge the prosecution’s case and push for a positive case result.

Under the Prevention of Domestic Violence Act of 1991 (N.J.S.A. 2C:25-17 et seq.), both the courts and law enforcement fiercely go after any accusations of domestic violence. The dedicated criminal defense team at Michael Rosas Law PC is ready to act swiftly to safeguard your rights if you are facing charges. As we are deeply familiar with the local courts and legal processes, we can help you smoothly navigate your case and defend yourself.

Domestic Violence in Freehold: Key Statistics

There are 12,886 households in Freehold Township, with each of them having an average of 2.68 people. In Freehold Borough, data on marital status shows that 39.8% of women and 45.1% of men are married in the community. On the other hand, 36.1% of women and 41.3% of men have never been married. 11.4% of women and 7.5% of men are divorced.

These figures show the different relationships and households that could be impacted by a domestic violence case.

Understanding Domestic Violence Charges in New Jersey

In Freehold, a domestic violence case is commonly prosecuted at Monmouth County Courthouse, which handles family law and criminal matters. Under the law in New Jersey, domestic violence is not categorized as one criminal defense but is rather a blanket term that can encompass many other crimes carried out against someone who has a specific relationship with the offender.

Relationships that can escalate a crime to domestic violence include household members, former spouses, spouses, dating partners, or co-parents. Common domestic violence charges that are tackled at our firm include:

• Simple Assault (N.J.S.A. 2C:12-1). This involves actually harming somebody or attempting to harm them without the utilization of a weapon.
• Aggravated Assault (N.J.S.A. 2C:12-1b). Aggravated assault includes attacks of a more severe nature. Such offenses may involve weapons or lead to significant injuries or harm.
• Harassment (N.J.S.A. 2C:33-4). A harassment crime includes repeatedly threatening, communicating, or behaving in a way that is intended to intimidate, scare, or annoy another individual.
• Terroristic Threats (N.J.S.A. 2C:12-3). Threatening another person with significant violence in a way that leads them to be scared for their physical safety constitutes terroristic threats.
• Criminal Restraint (N.J.S.A. 2C:13-2). Criminal restraint involves the restraining of another person against their will so they cannot seek any help or leave.
• Sexual Assault (N.J.S.A. 2C:14-2). Sexual assault involves acts of a sexual nature that are nonconsensual. These offenses can be charged with domestic violence if they are committed against an intimate partner or household member.
• False Imprisonment (N.J.S.A. 2C:13-3). False imprisonment involves holding someone against their will, even if it is for a short period of time, without having the legal authority to do so.

Anyone who is convicted for these types of offenses can be dealing with life-altering consequences, including time in jail, heavy fines, required counseling, and a permanent criminal record.

Protective Orders and Restraining Orders

It is possible for an individual who accuses somebody else of domestic violence to try to get a temporary restraining order against the person they are accusing. If the temporary restraining order is granted, the order may keep the accused individual from them. They may also not even be able to go near their own home if they own or lease the property with the accuser.

Furthermore, temporary custody of the children may be granted to the accuser, causing the accused to temporarily lose their parental rights. The accused may also be required to surrender any firearms they own and face restricted ownership and possession laws. If a TRO escalates into a final restraining order, this leads to longer-term restrictions.

Having a final restraining order against you can severely impact your personal freedom, family dynamics, and employment prospects. Therefore, it is crucial to aggressively fight against these legal orders with a dedicated attorney.

Child Custody and Family Law Implications of Domestic Violence Cases

The safety of children is prioritized by New Jersey courts, which means that a charge of domestic violence can lead to the restriction of parental rights. This means that having a domestic violence conviction can lead to limited custody or visitation rights, with the accused parent being ordered to attend therapy or anger management courses.

In more extreme cases, courts may decide to completely terminate a parent’s rights if there is sufficient evidence showing that the parent poses a threat to the well-being of the child. In Freehold Township, charges involving domestic violence typically entail custody disputes between parents who are living in separate households.

How Domestic Violence Cases Are Prosecuted in Freehold?

In Freehold, the Monmouth County Courthouse is responsible for handling criminal cases of domestic violence that lead to an indictment. Overseeing more minor offenses, such as simple assault or harassment, is the Freehold Borough Municipal Court. After being arrested, the accused individual could be detained and required to appear in court for their arraignment.

In order to secure a conviction, the prosecution uses evidence such as medical documentation that shows injuries, police reports, 911 calls, and testimony from witnesses like family members, neighbors, or law enforcement. Digital evidence may also be used, such as posts on social media, emails, and text messages. Any prior convictions or past domestic violations could also be brought forward as evidence.

By leveraging robust criminal defense tactics, your attorney can work to call out any inaccurate or inadequate evidence, cross-examine witnesses, and present your case in an optimal light to get charges reduced or even dismissed.

The Importance of Hiring a Freehold Domestic Violence Defense Lawyer

As domestic violence charges are extremely serious in nature, it is crucial to work with a dedicated criminal defense attorney. They can work to ensure that your rights are protected during any ongoing investigations and help you leverage a strong legal defense. Legal tactics could include arguing for lack of evidence, self-defense, violation of constitutional rights, false accusations, or presenting an alibi.

Throughout the criminal defense process in Freehold, a seasoned domestic violence defense lawyer can fiercely work to represent your rights and interests by calling into question the prosecution’s case and advocating to get your charges reduced or exploring alternative sentencing options. An attorney from our firm is ready to represent your case in the courtroom, from restraining order hearings to criminal trials. Together, we can defend your reputation and minimize long-term consequences.

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Take Action Now: Contact a Freehold Domestic Violence Lawyer

If you are dealing with allegations of domestic violence in Freehold, you are likely feeling overwhelmed. Fortunately, you do not have to face this process alone, and intervening early can significantly help you improve your case outcomes. A dedicated Freehold domestic violence lawyer from Michael Rosas Law PC is eager to help. Contact us today so we can start discussing the details of your case.