Monmouth County Domestic Violence Lawyer

Defending Against Domestic Violence Charges 

Those charged with domestic violence can expect to face legal challenges on two fronts. It starts with a restraining order. The state of New Jersey issues restraining orders in two stages. The first is a TRO (Temporary Restraining Order), which can be issued immediately upon charges being filed. While defendants cannot stop the TRO, they have 10 days to prepare for a hearing on a Final Restraining Order (FRO), where we can present your defense. A FRO is permanent, although it is subject to modification or elimination in the future. 

Criminal charges are also possible. The specific charges will depend on the circumstances, including the act being alleged and the defendant's prior record. It can be charged as either disorderly conduct or an indictable offense. 

Several common defenses can be employed, depending on the specific circumstances of the case. They include the following: 

Self-Defense

When someone acts to protect themselves from imminent physical harm, their actions may be legally justified. For example, if a defendant struck their partner to stop an attack against themselves or someone else, we can argue that the force was necessary and proportional to the threat. Self-defense claims often rely heavily on witness testimony and physical evidence, like medical reports or injuries.

Lack of Evidence

Another effective strategy is challenging the sufficiency of the prosecution’s evidence. Domestic violence cases often rely on statements from the alleged victim, which may lack corroboration from physical evidence or witnesses. The Law Offices of Carlos Diaz-Cobo can thoroughly investigate inconsistencies or missing details in the prosecutor’s case, seeking to argue that the evidence is insufficient to warrant a conviction.

Disputes Over Intent

Another possible defense is to argue that the defendant’s actions were accidental or misinterpreted rather than malicious or purposeful. By demonstrating the absence of harmful intent, the defense can work to reduce or dismiss charges.

Our office will review police reports, medical records, and witness accounts to build a compelling case. The goal is to protect the accused’s rights and future by either achieving the dismissal of all charges, negotiating reduced charges, or securing an acquittal in court. 

False Allegations of Domestic Violence 

False allegations of domestic violence occur more often than many people realize, often leading to devastating consequences for the accused. These claims can arise in the midst of emotionally charged situations, such as contentious divorces, child custody disputes, or the breakdown of a romantic relationship. The motivations behind false accusations can vary--some may be an attempt to gain leverage in family court, retaliate against a former partner, or secure control over shared assets or children.

The consequences of a false accusation are severe. A defendant may face immediate legal restrictions, including losing access to their home or children through restraining orders. That’s to say nothing of the damage to their personal reputation and career.