Being accused of domestic violence in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County is a serious matter that can affect every part of your life. A domestic violence charge in New Jersey carries more than just the threat of criminal penalties; it can result in restraining orders, loss of child custody rights, restricted access to your home, and lasting damage to your reputation.
The law takes these accusations very seriously, and courts in larger cities like Toms River, Long Branch, and Asbury Park handle domestic violence matters with urgency. If you have been accused, it is critical to act quickly to protect your rights and future.
At Mallon and Tranger,
our attorneys have decades of experience defending clients in domestic violence cases. We know the local court systems in Freehold and Point Pleasant, understand the procedures in Monmouth County and Ocean County, and are committed to providing aggressive legal representation tailored to your circumstances.
What Is Domestic Violence in New Jersey?
In New Jersey, domestic violence is defined and governed by the Prevention of Domestic Violence Act (PDVA), a law designed to protect individuals from abuse, harassment, and threats within certain personal relationships. Under the PDVA, domestic violence is not considered a single criminal offense. Instead, it is a category that includes a variety of underlying crimes, each of which can carry serious penalties when committed in a domestic or family context.
For an incident to qualify as domestic violence under New Jersey law, the accused and the alleged victim must have a specific type of relationship. These relationships include:
- Spouses and former spouses: Whether you are currently married or divorced, acts of violence or threats against a spouse or ex-spouse fall within the scope of the PDVA.
- Current or former dating partners: You do not have to live with someone for the PDVA to apply. Dating relationships, whether recent or from years past, are included under the law.
- Household members, past or present: People who currently share or previously shared a residence can be involved in a domestic violence case, even if they are not related by blood or marriage.
- Parents who share a child: The law applies to both married and unmarried parents, regardless of whether they live together, when an act of domestic violence occurs.
Domestic violence encompasses a wide range of conduct. While some offenses involve direct physical harm, others may be based on threats, intimidation, or unwanted contact that causes fear or distress. When these acts occur within the relationships described above, they can result in both criminal charges and civil consequences, such as restraining orders.
Examples of acts that may be considered domestic violence in Freehold, Point Pleasant, or elsewhere in New Jersey include:
- Assault: This may involve causing physical injury to another person or attempting to do so. Assault can also include actions that place someone in immediate fear of bodily harm, even if no physical contact occurs.
- Harassment: This offense includes repeated unwanted contact through phone calls, text messages, emails, or in-person interactions, especially when the intent is to annoy, alarm, or emotionally disturb the other person.
- Terroristic Threats: Threatening to commit a violent act, such as physical harm or property destruction, with the purpose of terrorizing another person. This can also include threats that cause evacuation of a building or public place.
- Stalking: Engaging in a course of conduct that involves following, monitoring, or contacting someone repeatedly in a way that causes fear for their safety or the safety of others.
- Criminal Mischief: Intentionally damaging or destroying another person’s property, which can include breaking personal items, vandalizing a home or vehicle, or other acts that cause financial loss.
- Sexual Assault: Any non-consensual sexual contact or activity. This can include acts committed through force or coercion or when the victim is unable to give consent.
In Freehold, Point Pleasant, and other areas of Monmouth County and Ocean County, law enforcement takes domestic violence allegations seriously, often making arrests based solely on the word of the alleged victim if there is probable cause. In many cases, police are legally required to make an arrest when there is evidence of certain acts of domestic violence.
It is important to understand that being accused of domestic violence can lead to two parallel legal processes:
- Criminal Charges: The state may pursue criminal prosecution for the alleged offense, which can result in jail time, fines, probation, and a permanent criminal record.
- Civil Consequences: The alleged victim may seek a temporary or final restraining order, which can impose restrictions on where you live, who you contact, and whether you can see your children.
Because the consequences of a domestic violence accusation are both immediate and long-term, it is essential to speak with an experienced defense attorney as soon as possible. A knowledgeable lawyer can help protect your rights, challenge unfounded accusations, and work toward the best possible outcome in your case.
The Impact of a Restraining Order in New Jersey
In many domestic violence cases in Monmouth County and Ocean County, the alleged victim may seek a restraining order. This can happen even before any criminal case is resolved.
Temporary Restraining Orders (TROs)
A TRO can be issued quickly by a judge if there is evidence that someone is in immediate danger. Once issued, it may:
- Prohibit all contact with the alleged victim
- Require the accused to leave their home, even if they own it
- Restrict access to children
- Suspend firearm ownership and possession rights
Final Restraining Orders (FROs)
A hearing will typically be scheduled within 10 days to determine whether the TRO should become permanent. If a Final Restraining Order is issued:
- It remains in place indefinitely unless modified by the court
- It can appear on background checks and affect employment opportunities
- Violation of the order is a criminal offense that can lead to arrest
Because restraining orders can be issued quickly and carry long-term consequences, anyone served with one in Freehold, Point Pleasant, or elsewhere in New Jersey should seek legal counsel immediately to prepare for the hearing and present their side of the story.
Common Defenses for Domestic Violence Charges
Every domestic violence case is unique, and the defense strategy must be customized to the specific circumstances, evidence, and legal issues involved. The right defense can make the difference between a conviction with lasting consequences and a dismissal or reduced charge. Some of the most common defenses include:
- False Allegations: Unfortunately, domestic violence accusations are sometimes used as a tool to gain an advantage in contentious divorce proceedings, child custody disputes, or other personal conflicts. An experienced attorney can investigate inconsistencies in the accuser’s statements, uncover motives for making false claims, and present evidence, such as text messages, witness testimony, or recorded conversations, that challenges the credibility of the allegations.
- Self-Defense: New Jersey law recognizes the right to defend yourself or another person from harm. If you were physically attacked or reasonably believed you were in imminent danger, you may be justified in using reasonable force to protect yourself or someone else. In these cases, your lawyer can present evidence showing that your actions were defensive rather than aggressive.
- Lack of Evidence: In any criminal case, the prosecution has the burden of proving guilt beyond a reasonable doubt. If there is insufficient physical evidence, no credible witnesses, or contradictions in the alleged victim’s story, the case may be too weak to proceed. This can lead to charges being reduced or dismissed entirely.
- Mutual Combat: In some domestic disputes, both parties may have engaged in physical altercations, making the situation more complex than a simple one-sided attack. In these scenarios, an attorney can highlight the mutual nature of the incident and argue for a fair and balanced view of the events.
- Violation of Rights: If police officers violated your constitutional rights, such as conducting an illegal search, questioning you without reading your Miranda rights, or obtaining evidence without a proper warrant, your attorney may be able to have that evidence excluded from the case. This can significantly weaken the prosecution’s ability to prove its claims.
A strong domestic violence defense typically requires a thorough investigation, review of police reports, interviews with witnesses, analysis of electronic communications, and, when necessary, the use of expert testimony. The goal is to challenge the prosecution’s version of events at every stage, from pre-trial motions to closing arguments.
Penalties and Consequences of a Domestic Violence Charge in New Jersey
The penalties for a domestic violence conviction in New Jersey depend largely on the underlying offense, whether it is classified as a disorderly persons offense or an indictable crime, and whether there are any aggravating factors. However, the consequences almost always extend beyond the immediate legal penalties.
- Jail or Prison Time: Sentences can range from a few days in county jail for a minor offense to several years in state prison for serious felonies, such as aggravated assault or sexual assault. Repeat offenders often face harsher penalties.
- Fines: In addition to criminal fines, the court may order restitution to the alleged victim to cover medical bills, property damage, or other losses. Court costs and mandatory domestic violence program fees may also be imposed.
- Loss of Firearm Rights: Even a temporary restraining order can require you to surrender any firearms in your possession, and a final restraining order can permanently bar you from owning or possessing firearms in New Jersey.
- Loss of Custody or Visitation Rights: Allegations or convictions for domestic violence can influence family court decisions regarding child custody and visitation. Judges may restrict or supervise parenting time, impacting your relationship with your children.
- Permanent Criminal Record: A domestic violence conviction will appear on background checks, making it more difficult to find employment, secure housing, or maintain certain professional licenses. In many cases, these records cannot be expunged.
- Immigration Consequences: For non-citizens, a conviction for certain domestic violence offenses can result in deportation, denial of re-entry into the United States, or loss of eligibility for citizenship.
Beyond these legal penalties, the personal and social consequences can be equally damaging. A conviction can lead to strained or broken relationships with family and friends, loss of community standing, and emotional distress that affects every aspect of your life.
Because of the severe and lasting nature of these penalties, it is critical to seek legal representation as soon as possible if you are accused of domestic violence in Freehold, Point Pleasant, Monmouth County, Ocean County, or anywhere in New Jersey.
How Can Mallon and Tranger Help Defend Against Domestic Violence Charges?
Having a skilled and knowledgeable defense attorney is absolutely essential when you are facing domestic violence allegations in Freehold, Point Pleasant, or anywhere in Monmouth County or Ocean County. Domestic violence cases in New Jersey often move quickly, with court hearings scheduled soon after an arrest and the potential for immediate restrictions such as restraining orders. Without experienced representation, you could lose valuable opportunities to protect your rights from the very beginning.
An experienced attorney can:
- Review Police Reports, Witness Statements, and Evidence for Weaknesses: This includes examining the initial complaint, arrest reports, 911 recordings, photographs, medical records, and any other documentation. We look for inconsistencies, procedural errors, or evidence that may contradict the accusations.
- Develop a Tailored Defense Strategy: No two domestic violence cases are exactly the same. A defense strategy is built around the facts of your case, whether that involves proving false allegations, showing self-defense, or highlighting insufficient evidence.
- Represent You in Criminal Proceedings and Restraining Order Hearings: Domestic violence cases often involve two parallel court processes: criminal prosecution and civil restraining order hearings. Effective representation in both is critical to protecting your rights and avoiding long-term consequences.
- Negotiate with Prosecutors to Reduce Charges or Penalties: In some cases, it may be possible to secure reduced charges, diversionary programs, or alternative sentencing options that minimize the impact on your life.
- Protect Your Parental Rights, Firearm Rights, and Reputation: Domestic violence allegations can threaten your access to your children, your right to own firearms, and your standing in the community. Your attorney works to safeguard these important aspects of your life while fighting the charges.
With decades of combined courtroom experience in Freehold, Point Pleasant, Monmouth County, and Ocean County, Mallon and Tranger provides clients with aggressive advocacy and a deep understanding of New Jersey’s domestic violence laws.
Additional Legal Services Offered by Mallon and Tranger
In addition to defending clients against domestic violence charges, Mallon and Tranger provides skilled representation across a wide range of legal matters in Freehold, Point Pleasant, and throughout Monmouth County and Ocean County. Our attorneys have decades of experience handling both criminal and civil cases, offering strategic guidance and aggressive advocacy to protect our clients’ rights.
Our other practice areas include:
- DUI Defense
- Drug Crime Defense
- White-collar Crime Defense
- Sex Crime Defense
- Police Brutality
- Violent Crimes
- And More
Whether you are facing serious criminal charges or pursuing justice in a civil matter, our team combines local insight with a client-focused approach to achieve the best possible results.
Contact Mallon and Tranger After a New Jersey Domestic Violence Charge
If you have been accused of domestic violence in Freehold, Point Pleasant, Monmouth County, Ocean County, or surrounding communities, you cannot afford to wait to get legal help. The sooner you consult with a defense attorney, the more options you have to control the outcome of your case. Acting quickly can help preserve important evidence, protect your rights during police questioning, and prepare you for upcoming hearings.
Mallon and Tranger is ready to listen to your side of the story, investigate the facts thoroughly, and build a defense strategy aimed at achieving the best possible resolution. We understand the stakes in these cases and work tirelessly to protect your freedom, your reputation, and your future.
