New Jersey Domestic Violence Complaint Process

Totowa NJ Domestic Violence Defense Lawyer

If you or a loved one have been involved in a domestic violence or other related criminal incident, you need legal representation that is experienced, skilled, aggressive, and ready to fight on your behalf for the best possible result. It is also imperative that you have the assistance of an attorney who can represent you at both the criminal proceedings and any related restraining order hearings.

Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey, including in Paterson, Totowa, Clifton, Wayne, and Little Falls, who have been charged with domestic violence related criminal offenses such as harassment, false imprisonment, and endangering the welfare of a child.

She has successfully handled countless cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is a former domestic violence prosecutor and special deputy attorney general. During the course of her career with the Morris County Prosecutor’s Office, she handled cases ranging from Homicide (murder) and aggravated assault to robbery and weapons offenses. Now she is fighting for you. Contact her office in Passaic County, New Jersey today to discuss your case and receive a free consultation.

Domestic Violence Complaint Process in New Jersey

When a police officer responds to a call of a domestic violence incident, the officer must give and explain to the victim the Domestic Violence Notice of Rights, which advises the victim of all available court action. N.J.S.A. 2C:25-23.

The victim may then file:

a. A Temporary Restraining Order ( TRO ) alleging the defendant committed an act of domestic violence and asking for court assistance to prevent its recurrence by asking that a TRO or other relief be ordered;

b. A Criminal Complaint alleging the defendant committed a criminal act.
(NOTE: This may subject the defendant to mandatory arrest.)

c. Both of the above.

d. None of the above.

A TRO can be filed by the victim:

a. At the Family Part of the Superior Court during regular business hours.

b. At the Municipal Court on weekends, holidays, and other times when the Superior (County) Court is closed.

c. The complaint may be filed:

i. Where the alleged act of domestic violence occurred;
ii. Where the defendant resides; or
iii. Where the victim resides or is sheltered.

A Criminal Complaint can be filed by the victim (with or without an accompanying TRO):

a. Where the alleged act of domestic violence occurred;

b. Where the defendant resides; or

c. Where the victim resides or is sheltered.

Bail:

a. Before bail is set, the defendant s prior criminal record shall be considered by the Court. The court shall also conduct a search of the domestic violence central registry. Bail will be set as soon as possible, but in all cases within 24 hours of arrest.

b. Once bail is set, it will not be reduced without prior notice to the County Prosecutor and the victim.

Victim notification:

Whenever a defendant charged with a crime or an offense involving domestic violence is release from custody, the County Prosecutor (or other prosecuting agency) will notify the victim.

Contact a Little Falls NJ Domestic Violence Defense Lawyer Today

If you find yourself in a situation where you or a loved one have been charged with a crime involving domestic violence, the results can be serious. Contact Alissa D. Hascup anytime for an initial consultation, which is always provided free of charge.