Also Serving Clients in Middlesex County & Across New Jersey
Domestic violence is a serious accusation, but an accusation does not make a person guilty. People facing these charges often feel ostracized by friends and family. They need to know their lawyer stands with them and believes in their right to a fair trial. That is the kind of representation people in Monmouth County, Middlesex County, and the surrounding areas find at Law Offices of Carlos Diaz-Cobo. We have over 18 years of experience, and we leverage that knowledge to help our clients protect their records, reputation, and freedom.
Call (848) 207-2709 or contact us online today to set up a free consultation with our domestic violence attorney in Monmouth County.
What Constitutes Domestic Violence Under New Jersey Law?
Domestic violence in New Jersey refers to abusive behavior inflicted by one household or family member against another. The accused must have a specific relationship with the alleged victim, such as being a spouse, former spouse, cohabitant, or romantic partner. Domestic violence includes a wide range of acts that attempt to control, intimidate, or harm someone.
Physical abuse is one of the most commonly prosecuted forms of domestic violence and includes assault, battery, or pushing. Beyond physical contact, threats, harassment, or intimidating behavior—such as constant surveillance or verbal abuse—can also qualify as domestic violence. Acts such as stalking and coercive actions that cause someone to fear for their safety are included in this definition.
Additionally, financial abuse is another less obvious but equally valid form of domestic violence. Withholding access to money, stealing income, or sabotaging a person’s ability to earn may also be considered abusive behavior under some circumstances.
Acts like terroristic threats or cyber harassment have gained increased attention from local authorities and Monmouth County courts as technology changes the ways accusations can arise. The Prevention of Domestic Violence Act covers these contexts, offering broader protection for victims and new legal challenges for those accused.
In New Jersey, the Prevention of Domestic Violence Act guides court decisions. This statute outlines acts that qualify as domestic violence, describes the protections victims can access, and lists penalties an accused individual may face. The Act clarifies differences between violent acts and provides a clear structure for both prosecution and defense.
Criminal Court vs. Family Court
Domestic violence cases in New Jersey typically involve two separate proceedings:
Criminal Charges: The state may file criminal charges for the underlying offense, such as assault or harassment.
Civil Restraining Orders: A separate hearing determines whether a Final Restraining Order (FRO) should be issued.
Even if the criminal charges are dismissed or resolved in your favor, the civil court can still impose an FRO. This order can have long-term consequences, including a permanent bar on firearm ownership, entry into a statewide domestic violence registry, and ongoing restrictions on child custody and visitation.
Legal guidance is crucial for mounting a defense in both the criminal and civil aspects of these cases.
Monmouth County Court Process & Timeline
Most cases begin with an arrest by a municipal or county law enforcement agency. After processing, the court schedules an initial appearance, sometimes within 24 to 48 hours, where a judge sets bail or release conditions, often at the Monmouth County Superior Court in Freehold. The process also includes a hearing for any Temporary Restraining Order, typically scheduled within 10 days.
The defendant must be prepared for quick turnarounds and strict deadlines, as New Jersey law directs courts to handle these cases on an expedited basis for the safety of all parties. Each phase—including pre-trial, evidence exchange, motions, trial, or settlement discussions—follows specific procedural steps. Working with attorneys familiar with local Monmouth County policies and relationships can provide better predictability and support throughout the timeline.
Top-Tier Defense for Serious ChargesExperienced, Relentless, and Committed to Winning Your Case
When facing serious criminal charges, you need a relentless, trial-ready defense. As a Certified Criminal Trial Lawyer and award-winning attorney, Carlos Diaz-Cobo has the experience, reputation, and courtroom skill to fight for the best outcome in your case.
What Are the Immediate Consequences of a Domestic Violence Arrest?
Being arrested on a domestic violence charge in Monmouth County can lead to a range of immediate consequences, including:
Immediate removal from the home
Temporary Restraining Orders (TROs)
Loss of access to children
Prohibition from possessing firearms
Potential jail time while awaiting court hearings
The issuance of a TRO can severely disrupt daily life. These orders can prohibit any form of contact with the alleged victim and may even require you to surrender your home or vehicle.
After an arrest, officers in Monmouth County typically process defendants at the local police station or the Monmouth County Correctional Institution. The court often schedules the initial hearing—called a first appearance—within a short timeframe, sometimes by the next business day.
During this hearing, the judge addresses bail and conditions of release, highlighting the seriousness of the allegations. Local procedures may trigger a no-contact order or require mandatory check-ins with a probation officer before any trial or final hearing. In addition, defendants face review from county authorities who coordinate with the family court to assess custody and visitation.
A Monmouth County domestic violence lawyer can challenge these immediate restrictions and provide guidance through the complex legal process that follows.
The FRO and Permanent Consequences
The TRO is followed by a Final Restraining Order (FRO) Hearing in Family Court, usually within 10 days. If the FRO is issued, the consequences become permanent:
Permanent Firearm Ban: The FRO mandates a permanent, lifetime forfeiture of your right to own or possess firearms under both state and federal law.
Permanent Database Registration: You will be placed in the Domestic Violence Central Registry.
Custody and Support Orders: The judge will issue permanent orders regarding custody, visitation (often supervised), and financial support, severely impacting your relationship with your children.
We provide a specialized defense for both the criminal charges (avoiding jail) and the FRO hearing (avoiding the permanent firearm ban and custody loss). Securing a domestic violence attorney in Monmouth County is critical within hours of the incident.
What Are the Penalties for Domestic Violence-Related Crimes?
The penalties for domestic violence-related offenses in New Jersey vary depending on the severity of the underlying criminal charge.
Possible legal consequences include:
Fines
Probation
Jail or prison time
Community service
Mandatory counseling or anger management
In addition to these criminal penalties, a conviction can permanently damage a person’s reputation and limit future employment or housing opportunities. Working with a Monmouth County domestic violence attorney gives the accused the best chance to avoid or reduce these penalties.
We provide top-tier legal representation at a fair price, ensuring strong, strategic defense without unnecessary financial strain.
Certified Criminal Trial Lawyer
Less than 2% of NJ attorneys hold this certification—Mr. Diaz-Cobo’s expertise and dedication set him apart in criminal defense.
Award-Winning Representation
Recognized as the 2024 Criminal Trial Lawyer of the Year, Mr. Diaz-Cobo has also been named a Top 10 Criminal Defense Lawyer nationwide and a Top 100 Criminal Defense Attorney in New Jersey.
Featured in the Media
Mr. Diaz-Cobo’s legal insights and cases have been showcased on ABC, CNN, Fox, NBC, Asbury Park Press, Star Ledger, the New York Times and The Wall Street Journal, earning him a trusted reputation in criminal defense.
Client-Focused Service
Our firm is dedicated to providing every client with professional, responsive, and courteous treatment.
Free Consultations
Schedule a consultation to discuss your case and explore your options with no obligation.
How to Defend Against Domestic Violence Charges?
Several common defenses can be used, depending on the unique circumstances of each case. These include:
Self-Defense: If someone acts to protect themselves from imminent physical harm, their actions may be legally justified. For example, if a defendant struck a partner to prevent an attack against themselves or another person, we may argue that their response was necessary and proportionate to the threat. Self-defense claims often rely on witness testimony and physical evidence, like medical reports or injuries.
Lack of Evidence: Another effective strategy is to challenge the sufficiency of the prosecution’s evidence. Domestic violence cases often depend on statements from the alleged victim, which might lack support from physical evidence or witnesses. Law Offices of Carlos Diaz-Cobo investigates inconsistencies or missing details in the prosecutor’s file, seeking to show that the evidence does not support a conviction.
Disputes Over Intent: A possible defense is that the defendant’s actions were accidental or misinterpreted, not malicious or intentional. Demonstrating the absence of harmful intent can help reduce or dismiss charges.
Our office reviews police reports, medical records, and witness statements to build a strong case. Our goal is to protect each client’s rights and future by seeking the dismissal of all charges, negotiating reduced charges, or securing an acquittal in court.
What to Do When Facing False Allegations of Domestic Violence?
False allegations of domestic violence happen more often than many people realize, leading to severe consequences for the accused. These claims often arise in emotionally charged situations, such as contentious divorces, child custody disputes, or after the breakdown of a romantic relationship. Motivations for false accusations may include attempts to gain an advantage in family court, retaliate against a former partner, or secure control over shared assets or children.
The consequences of a false accusation are serious. A defendant may face immediate legal restrictions, including losing access to their home or children through restraining orders. These accusations can also damage personal reputation and career.
Our legal team at Law Offices of Carlos Diaz-Cobo works to uncover the truth in these cases. We use investigative techniques to gather critical evidence, including reviewing the relationship history and communications between parties. By analyzing available evidence—such as digital communication, social media, and prior legal actions—we identify inconsistencies and pursue justice for our clients.
Why Choose Law Offices of Carlos Diaz-Cobo?
When facing the severity of New Jersey's domestic violence laws, you need a firm with proven expertise in criminal litigation. Choosing Law Offices of Carlos Diaz-Cobo means securing the advantage of Certified Criminal Law Specialists—a recognition of our firm's trial readiness and deep statutory knowledge.
We understand the dual nature of your crisis and are prepared to defend you in both the criminal and the family court arenas. We offer free consultations and 24/7 availability to ensure your defense begins the moment the accusation is made.
Contact a Defense Lawyer Who Gets Results
Attorney Carlos Diaz-Cobo has a strong record of success. He has been honored by the National Academy of Criminal Defense Attorneys, which named him a Top Ten Criminal Defense Lawyer Nationwide. In New Jersey, the State Supreme Court recognizes him as a Certified Criminal Trial Lawyer—a distinction awarded to less than 2% of attorneys. When you or someone you care about faces domestic violence charges or a restraining order hearing, Attorney Diaz-Cobo and his dedicated team are here to stand in your corner.
Call (848) 207-2709 or reach out online today. We serve both Spanish-speaking and English-speaking defendants in Monmouth County, Middlesex County, and throughout the state of New Jersey.
FAQs About Domestic Violence Defense In Monmouth County
What Should I Do If I’m Falsely Accused Of Domestic Violence In Monmouth County?
If you are falsely accused of domestic violence in Monmouth County, stay calm and gather evidence that supports your version of events. Avoid direct contact with the accuser and do not discuss the situation publicly or on social media, as anything you say can be used against you. Consult an experienced domestic violence attorney in Monmouth County as soon as possible. The legal team at Law Offices of Carlos Diaz-Cobo can help you develop a defense strategy.
Can Domestic Violence Charges Be Expunged in New Jersey?
Some domestic violence-related offenses may be eligible for expungement, but serious charges or those involving a final restraining order may not qualify. Each case must meet specific statutory requirements, and eligibility depends on the nature of the offense and the time passed since sentencing.
Do I Need a Lawyer If I’m Facing Domestic Violence Charges?
Yes. Domestic violence charges are serious and can result in both criminal penalties and civil consequences. An experienced domestic violence attorney in Monmouth County can help protect your rights, challenge the allegations, and work toward the best possible outcome.
How Can A Conviction For Domestic Violence Impact My Life?
Legal penalties may include fines, required counseling or anger management, probation, and imprisonment for more serious offenses. Beyond immediate penalties, a conviction can affect employment, child custody, and personal relationships. It can also restrict your right to own firearms or impact immigration status if you are not a U.S. citizen.
Can a Domestic Violence Charge Affect Custody or Visitation?
Yes. Family courts treat domestic violence allegations seriously in custody disputes. A conviction or restraining order may lead to supervised visitation, loss of custody rights, or required parenting classes. Courts always prioritize the child’s safety.
Can a Domestic Violence Victim Drop the Charges?
While a victim may request to withdraw a complaint, the prosecutor decides whether to continue the case. If the state believes the evidence is sufficient, it can proceed even without the victim’s help.
What Should I Expect at My First Court Appearance in Monmouth County?
At your first appearance, the judge will explain the charges, outline your rights, and set bail or conditions for release if you remain in custody. In Monmouth County, this usually occurs within 48 hours of an arrest and may result in no-contact orders or other restrictions. Legal representation helps address concerns and ensures your rights are protected.
How Does a Final Restraining Order Affect Daily Life in Monmouth County?
A Final Restraining Order (FRO) brings significant restrictions, which may limit where you can reside, your access to children, and your right to own firearms. FROs entered in Monmouth County are recorded in a statewide registry, making them visible to law enforcement and related agencies. Violating an FRO can result in further criminal charges or court action.
What Role Do Local Advocacy Groups Play in Domestic Violence Cases?
Local advocacy groups such as 180 Turning Lives Around and the Monmouth County Victim Assistance Program support people involved in domestic violence matters. They provide counseling, guidance, and help with navigating court orders or safety plans. Collaboration with these organizations often affects how both accused individuals and alleged victims experience the legal process in Monmouth County.
Carlos Diaz Cobo is one of the most experienced and talented criminal defense attorneys in the state. Highly recommend for anyone in trouble with the law. His track record speaks for itself.
E.W.
“Do yourself a favor and hire this man!”
“Best lawyer I have ever hired! Others tried to scare me into horrible scenarios. Mr. Diaz-Cobo was so reasonably priced from the start and reassured me that it would all be fine. And it was... he got the case dismissed completely!”
A.D.
“I recommend this office 100%.”
Excellent criminal defense office. The lawyer fights hard for clients. The secretary (Karen) is very efficient, a very good collaborator and super friendly. I recommend this office 100%.
A.L.
“Thank you for driving a great outcome!”
Carlos and his team were both wonderful to work with and extremely good at what they do. Thank you for driving a great outcome!
F.D.
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Carlos has helped improve my life in multiple ways. I would never have been able to achieve where I’m at today without him. I now have a successful life and future.
C.D.
“Recommended 100 percent.”
Excellent criminal lawyer, when everyone did not give me hope about my case and advised me to plead guilty, he with his experience and professionalism took me to trial and we won. Recommended 100 percent.
L.T.
“Superb defense attorney.”
“He has helped me out in ways you can’t even imagine. My freedom and my happiness is all credit to Carlos Diaz Cobo and his office. He gave me a second chance at life.”
J.M.
“Highly recommend.”
“Carlos worked diligently & professionally the entire length of my case. His confidence in the courtroom provided me with a sense of calmness when most needed.”
