If you are dealing with violence in your home or in your life, you need a solution, not more trouble. The most important thing is the safety of all concerned. If there are children involved, their needs come first. No matter what kind of situation you are facing, my goal is to help you find a safe and feasible solution that works for everyone. As a specialized New Jersey divorce attorney , I’m committed to resolving domestic violence cases as peacefully and stress free as possible for you and your family.
What Is Domestic Violence in New Jersey?
New Jersey laws define domestic violence as the occurrence of one of the following crimes: harassment, assault, terroristic threats, stalking, criminal trespass, burglary, sexual assault, criminal sexual contact, lewdness, kidnapping, and false imprisonment. The person committing the crime must be over the age of 18 or an emancipated minor.
The victim of domestic violence must be over the age of 18, or an emancipated minor, who has been subjected to domestic violence by a spouse, former spouse, household member, or someone with whom the victim has a child, is expecting a child, or who has a dating relationship with.
What Relief Is Available To Domestic Violence Victims?
A victim of domestic violence should begin the procedure by getting a temporary restraining order, or “TRO.” A TRO usually forbids the defendant from the place where domestic violence occurred (often the family household), from the victim’s place of work, and from contacting the victim. The TRO may also grant temporary custody of children to the victim.
Once the TRO is issued, a trial for a Final Restraining Order hearing is scheduled within 10 days. At the trial, the judge hears relevant testimony and reviews the evidence of both parties. When deciding whether to grant a Final Restraining Order (or, “FRO”), the judge considers many factors, including: the history of domestic violence; whether the victim is in immediate danger; the parties’ financial circumstances; the best interests of the victim and any children, and others.
What Happens After the Trial?
If the judge finds that domestic violence occurred, the judge may enter a Final Restraining Order. An FRO restrains the defendant from committing future acts of domestic violence, and usually restrains the defendant from contacting the victim directly or through a third party. There are also many other types of relief the judge can include, like granting the victim exclusive use of the marital home, ordering counseling or anger management counseling, payment of rent, and others.
Civil Restraints vs. Final Restraining Order
Sometimes people negotiate civil restraints instead of proceeding for a Final Restraining Order. This is particularly true when a defendant has a job that might be affected by the issuance of a Final Restraining Order.
Civil Restraints refers to an agreement between the parties that provides for the same remedies as a Final Restraining Order. For example, the parties can agree that the defendant will not contact the victim, and that the victim will have exclusive use of the marital home.
The difference between civil restraints and a final restraining order mostly boils down to the fact that civil restraints are not criminally enforceable if the defendant violates the order. With a FRO, the police can be called if the defendant violates the order, and will be arrested.
Protect Yourself With Experienced Legal Representation
It’s essential to obtain qualified legal counsel from an experienced domestic violence attorney. If your situation has lead you to contemplate getting a restraining order to prevent domestic violence, I can help. My goal is to do everything possible to remedy the situation with the least amount of stress for you and your family.
The Law Office of Andrew R. Fischer
Domestic violence is overwhelming when you are trying to handle it yourself, but it doesn’t have to be that way if you seek help. I’m committed to solving domestic problems efficiently and as peacefully as possible. By combining a positive attitude with effective legal remedies, we can deal with any kind of problem you are facing.
Whether you are a woman or a man, a violent home is a dangerous place, especially when children are involved. The situation may be complicated and confused, but together, we can find a solution that works for everyone. I can help you to draw up a plan that restores peace to your life and protects you and your family in the future. Schedule a no-cost consultation right now, and let’s get to work on a solution. You don’t have to be alone with your issues anymore.