Domestic Violence Defense Lawyers in Hanover NJ
Attorneys Handling Restraining Orders and DV Charges in Morris County
Have you been charged with an act of domestic abuse in Hanover? Need an attorney for a restraining order hearing in Morris County? If you are the plaintiff or the defendant in a domestic violence case in New Jersey, our experienced lawyers are here to help. Here is a case we recently handled in Morris County with great success.
The Morris County Domestic Violence Lawyers at the Tormey Law Firm LLC recently represented a client in a domestic violence dispute in Hanover Township, who was charged with terroristic threats in violation of N.J.S.A. 2C:12-3A, a third degree crime, and criminal restraint in violation of N.J.S.A. 2C:13-3, a disorderly persons charge. The client and his girlfriend had an argument in their vehicle where he allegedly threatened to “cut her fingers off” and then stood in front of her vehicle in an attempt to prevent her from leaving. Our client has no prior criminal history and is a young professional. Serious criminal charges like this could significantly impact his future employment opportunities. The third degree charge is a felony in New Jersey, punishable by 3-5 years in state prison, along with fines, possible probation, and a permanent felony conviction on his record. The disorderly persons offense is a misdemeanor charge punishable by up to six (6) months in the Morris County jail, a $1,000 fine, possible probation, and a permanent misdemeanor charge on his record.
First, our criminal defense lawyers were able to convince the Morris County Prosecutor’s office to downgrade the criminal charge from a felony terroristic threats charge to a misdemeanor harassment charge and send the case back to the Hanover Municipal Court for disposition. Then, when we appeared in Hanover Court, the alleged victim spoke to the prosecutor and told him that she did not want to proceed with the case and she was not willing to testify against her boyfriend. Because they had no prior domestic violence calls to their home and the defendant has no prior criminal history, the prosecutor agreed to dismiss the case. In addition, he could not prove the case beyond a reasonable doubt without the victim’s testimony. The client is now eligible to file an expungement immediately to have the arrest removed from his record as well.
How Victims can File Criminal Charges for Domestic Violence in Hanover, New Jersey
If the plaintiff in a domestic violence case finds that he or she is a victim of a criminal act, then one may decide if filing a criminal complaint should be explored. In order for a plaintiff to do this, he or she may visit Hanover Police Department or the police department where the alleged crime took place. If the matter is emergent, one should call 911 immediately. Again, in this type of scenario, the criminal aspect of the case would be heard in the Criminal Court of the County Superior Court giving rise to this matter, or in the Municipal Court in the town giving rise to the matter. The location for the criminal charges is truly dependent on the circumstances surrounding the case. In conjunction with the degree and type of allegations involved, local police may issue a warrant for the defendant’s arrest.
Specifically, if the defendant has been charged with an indictable felony crime such as aggravated assault in Hanover, their case will be heard in the Morris County Superior Court, Criminal Division. On the other hand, if the person accused of domestic violence is facing allegations of harassment, simple assault, or another disorderly persons or petty disorderly persons offense, the case is sent to the local municipal court to be heard and decided. The consequences of a conviction are equally contingent upon the degree of crime alleged.
Detention Hearings for Domestic Violence in Hanover Township
If charged with a crime for domestic violence in Hanover, your stint in jail can actually begin when you are arrested for the offense. Since New Jersey reformed its policies and procedures regarding bail, those facing criminal charges for domestic violence must be held in jail pending the outcome of a detention hearing. If the court finds that you are at risk of committing a new offense, that you will not appear in court as directed, or that you are a threat to the victim’s safety or the community, it can hold you until your case is resolved or tried. We often represent people at this phase and successfully advocate for our client’s release without the need for further detention. During the process, we meet with you, your family if need be, and then discuss the case with the prosecutor. Often, we can quell any fears that the prosecutor may have and we assist with crafting conditions of your release. If the prosecutor seeks to have you detained in jail while your case is adjudicated, we zealously represent your interests before the judge and do everything in our power to demonstrate that you are not a security risk. Getting our attorneys involved in your case as soon as possible can position you for a better outcome, particularly due to the fundamental safety concerns in case of suspected domestic violence.
Consult a Hanover NJ Restraining Order Lawyer for Legal Help Today
If you or a loved one needs assistance with a domestic violence case in Hanover NJ, contact our offices anytime for a free initial consultation at (908)-336-5008. Our local attorneys assist clients with restraining order hearings and domestic abuse charges arising in Hanover Township and throughout the Morris County area. We are here to provide answers to your questions and a consultation free of charge. Please feel free to contact us today to discuss your specific situation.