Chat with us, powered by LiveChat

Free Initial Consultation · 24 / 7

Hackensack NJ Domestic Violence Attorneys – Have a detention hearing for domestic violence

NJ Domestic Violence Detention Hearing LawyersNew Jersey lawmakers recently enacted Criminal Justice Reform, also known as “Bail Reform,” which replaced the monetary bail system with a risk assessment system. Under this new bail system, a detention hearing is held within 24 to 48 hours of an arrest, at which time a judge must decide to release a person on their own recognizance, release them subject to certain conditions, or detain the person until their case is resolved. Whereas a person was previously able to post bail and get out of jail pending their trial or plea agreement, this is no longer an option. In other words, if a judge decides to keep you in jail until your case is decided, they can elect to do so. Usually, individuals charged with lesser offenses and non-violent crimes are released after processing at the police station. However, Bail Reform requires anyone arrested for domestic violence in New Jersey to be detained and to have a detention hearing. This applies to even minor domestic violence offenses, such as simple assault, harassment, and criminal mischief.

If you or a loved one has an upcoming detention hearing for a domestic violence offense in New Jersey, it is crucial to have an experienced lawyer fighting for your release. The skilled New Jersey domestic violence attorneys at The Tormey Law Firm have represented countless clients at detention hearings in courts across the state. Call (908)-336-5008 or fill out our online form to arrange a free consultation with a lawyer dedicated to representing your interests.

Detention Hearings in New Jersey Domestic Violence Cases

The general rule under Bail Reform in New Jersey is this: any person accused of a criminal offense involving domestic violence must have a detention hearing. This applies to indictable offenses (also known as felonies) and disorderly persons offenses, often referred to as misdemeanors. Even in a case involving a lower-level domestic violence offense such as simple assault, the defendant is subject to a Public Safety Assessment (PSA) before a judge decides whether or not to release them. In other words, if you are arrested or a warrant is issued for your arrest for domestic violence, you will have to remain in custody for between 24 and 48 hours before having a detention hearing.

Domestic violence charges that require a detention hearing include:

At a detention hearing, the judge will decide to detain a defendant if he or she finds that no amount of monetary bail, non-monetary condition or combination of monetary bail and conditions would reasonably assure the defendant:

  • Will appear in court when required;
  • Is not a threat to the safety of another person or the community; and
  • Will not obstruct or attempt to obstruct the criminal justice process.

This is highly complicated in a domestic violence case because the nature of the offense infers that a defendant may be a threat to the alleged victim. Before a detention decision is made, both the prosecutor and the defendant’s attorney can present arguments to the judge. These arguments, coupled with the results of the risk assessment, will be considered before the judge decides to detain or release a person accused of domestic violence. You are entitled to have a defense attorney representing you at a domestic violence detention hearing, and it is imperative to have a lawyer with extensive knowledge of domestic violence legal matters in NJ.

Contact a Domestic Violence Detention Hearing Lawyer for Help with Your Case

If you or someone you love is scheduled to appear before a judge for a detention hearing in New Jersey, you need to consult an experienced attorney right away. The outcome of your detention hearing can mean staying in jail for weeks or going home to your family. This is why it is so important to have a seasoned domestic violence defense lawyer arguing on your behalf.

With offices in Hackensack, Morristown, Newark, and Collingswood, our attorneys defend clients at detention hearings in Morris County, Bergen County, Essex County, Passaic County, Camden County, and throughout New Jersey.

For a free consultation, contact the Tormey Law Firm today at (908)-336-5008.

Visit Our Offices

With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

Hackensack / Bergen County

254 State Street
Hackensack, NJ 07601

  • 201-556-1570
  • 201-556-1572
Hackensack Office

Morristown / Morris County

60 Washington St Suite 200A,
Morristown, NJ 07960

  • 908-336-5008
  • 201-556-1572
Morristown Office

Newark / Essex County

1 Gateway Center Suite 2600
Newark, NJ 07102

  • 201-654-3464
  • 201-556-1572
Newark Office

for a free initial consultation Contact the Tormey Law Firm

Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

Areas we serve

The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

  • Tell us how we can help

  • Contacting our office does not establish an attorney-client relationship. Please do not share any confidential information until such a relationship has been established.