Domestic violence accusations can affect your daily life long before you set foot into a courtroom. If you’re accused of domestic violence in Ocean County, you need an attorney who knows New Jersey domestic violence laws inside and out, and who will take the time to personally handle your defense.
William Fay, Esq., is a born-and-bred Ocean County domestic violence lawyer who served as a Deputy Attorney General with the New Jersey Office of the Attorney General. During his tenure, he investigated and prosecuted numerous criminal cases. That experience now works to the benefit of clients who need a strong, detail-oriented defense.
Mr. Fay develops results-driven, client-focused defense strategies to protect your rights and achieve the best possible outcome. From your first phone call to your final case resolution, you’ll work directly with him, not with a paralegal or junior associate. You’ll have Mr. Fay’s direct cell phone number so he can answer questions and keep you updated.
While his courtroom approach is aggressive, Mr. Fay remains reliable, compassionate, and approachable for his clients. He offers free, no-obligation consultations in person and by phone, allowing you to discuss your situation and options confidentially before deciding how to proceed.
Contact William Fay, Esq., today to talk to a seasoned Ocean County domestic violence attorney who can fight for your future.
Why Hire William Fay for Your Domestic Violence Defense in Ocean County, NJ?
Hiring the right Ocean County domestic violence lawyer can be a game-changer. When you work with Mr. Fay, you’re getting someone who knows how prosecutors think — because he used to be one. As a former Deputy Attorney General, he’s seen firsthand how the state builds domestic violence cases and, just as importantly, where those cases often fall apart. That insight gives him an edge when it comes to anticipating the prosecution’s moves.
Every case is personal, which is why Mr. Fay works so closely with his clients. He doesn’t push your case off to an associate or a paralegal. From the moment you call for a consultation to the day you appear in court, he’ll guide you through the process.
Most importantly, Mr. Fay combs through the details of each case and pays careful attention to all pieces of evidence. His goal is straightforward: to provide you with the strongest possible defense under New Jersey domestic violence laws and utilize his extensive experience to achieve a positive outcome.
Reach out today for your free, fully confidential case review.
Why Do You Need a Lawyer When Facing Domestic Violence Charges?
Domestic violence accusations are serious, and New Jersey domestic violence penalties begin immediately. Under the Prevention of Domestic Violence Act of 1991, if police officers believe that probable cause exists, they must make a domestic violence mandatory arrest. That means you could be taken into custody even if the accuser later changes their story.
Similarly, judges may issue a Temporary Restraining Order (TRO) right away. Restraining orders can limit your ability to return home and see your family members, including your children. If a judge grants a TRO against you, you’ll have a hearing to determine whether a Final Restraining Order (FRO) is necessary; if it’s granted, it can affect you long past the end of your case.
Without an experienced attorney, you’re facing jail time, steep fines, FROs, civil rights restrictions, and more. Having a lawyer by your side is the best way to challenge weak evidence and protect your rights throughout each stage of the process. Contact our firm today to find out how Mr. Fay can step in and start mitigating the damage caused by a domestic violence accusation.
What Are Common Defense Strategies for Domestic Violence Charges?
Every domestic violence case is different, and the defenses that work for one case may not be suitable for another. That’s why Mr. Fay carefully reviews the facts before developing a customized defense. Some of the most common strategies include the following:
- Acting in Self-Defense or Defense of Others – New Jersey law allows you to protect yourself and others from imminent harm. Showing that you were defending yourself (and that your response was proportionate and reasonable) may be a strong defense.
- Challenging Whether Witnesses Are Credible – Domestic violence cases often begin during heated disputes or custody battles. If the evidence suggests the allegations are false or exaggerated, those inconsistencies can weaken witness testimony. Because many domestic violence cases hinge on testimony, this can significantly undermine the prosecution’s case.
- Constitutional or Procedural Violations – Police and prosecutors are subject to strict rules. If they violate the Constitution or procedural rules, it could result in suppressed evidence, dismissed charges, and other favorable outcomes.
- Demonstrating Your Lack of Intent – Depending on the specific charges you’re accused of, New Jersey’s domestic violence penal code often requires proof that you intended to commit the crime. If intent is missing, prosecutors may not be able to move forward.
- Disputing Whether Probable Cause for Arrest Existed – Police are required to make an arrest if there’s credible evidence that a domestic violence-related crime occurred and you were responsible. However, if the police didn’t have probable cause, the arrest is improper.
Mr. Fay is highly experienced in developing strategies to get domestic violence charges dismissed or reduced whenever possible.
What Are the Chances of Getting My Domestic Violence Charges Dropped?
You might wonder, “Can domestic violence charges be dropped?” Or, “What are the chances of getting domestic violence charges dropped?” Getting domestic violence charges dismissed typically depends on the specific facts of your case and how strong the prosecution’s evidence is.
Many clients ask, “Can a victim drop charges of domestic violence?” It’s essential to recognize that in New Jersey, the decision to drop charges is not solely within the discretion of the alleged victim. Once the complaint is filed and a domestic violence mandatory arrest is made, the prosecutor decides whether to move forward.
The good news is that often, your charges can be reduced or dismissed. If the evidence is weak, inconsistent, or doesn’t meet the statutory requirements, your attorney may successfully argue for dismissal. At other times, negotiations may result in lower charges or a more lenient sentence.
What Are the Types of Domestic Violence Charges in New Jersey?
Contrary to popular belief, there is no single “domestic violence law.” Instead, it’s an enhancement to other charges. The Prevention of Domestic Violence Act lists over a dozen predicate offenses that can be charged as domestic violence when committed against a spouse, partner, household member, or other protected person.
Some of the most common include the following:
In addition to criminal penalties, you may face restraining orders, restrictions on firearms, and other civil consequences.
As a seasoned defense lawyer, Mr. Fay meticulously reviews the underlying allegations and how they intersect with New Jersey’s domestic violence statutes. His extensive prosecutorial and defense experience allows him to identify when prosecutors overreach and when the facts don’t meet the statutory requirements.
What Are New Jersey’s Penalties for Domestic Violence?
New Jersey domestic violence penalties vary depending on the underlying offense. For example, simple assault may be charged as a disorderly persons offense with up to six months in jail, while aggravated assault can be charged as a second-degree crime carrying anywhere from five to ten years in prison.
Beyond criminal sentencing, domestic violence cases often involve civil penalties. If an FRO (final restraining order) is granted against you, it could result in the following:
- Prohibit you from returning to your home or contacting your accuser
- Require you to pay financial support or reimburse certain costs
- Restrict firearm ownership
- Appear on background checks
Because this can affect your freedom and your daily life, working with a knowledgeable Ocean County domestic violence attorney like Mr. Fay is the key to minimizing or eliminating these consequences.
Who Can Make a Domestic Violence Complaint in New Jersey?
Under the Prevention of Domestic Violence Act of 1991, only certain people are protected under New Jersey domestic violence laws. A complaint can be made if the alleged victim is any of the following:
- A current or former spouse
- A person with whom you live or used to live
- Someone with whom you share a child
- Someone you’re dating or have dated
This broad definition means domestic violence complaints aren’t limited to romantic relationships. Fortunately, Mr. Fay knows how quickly these complaints can escalate into serious charges. He works closely with each to analyze the context of the relationship and present a clear defense.
Contact an Ocean County Domestic Violence Defense Attorney Today
Facing domestic violence accusations in Ocean County can feel overwhelming, but strong legal advocacy can make a big difference. William Fay, Esq., offers the perspective of a former Deputy Attorney General, combined with years of defense experience. He is determined to protect your rights and dedicated to giving your case the personal attention it deserves.
Don’t wait to get help. The earlier you get in touch, the more defense options you may have. Call Mr. Fay today for a free, confidential consultation with an Ocean County domestic violence lawyer. Whether you prefer an in-person meeting or a phone call, our firm is ready to step in and provide the professional guidance and advocacy you need.