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New Jersey Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Libel & Slander for New Jersey on
Q: My ex is blackmailing me. He wants money & is threatening to contact my family & job to mess w/my life. What should I do
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 29, 2022

Call the police and file a Temporary Restraining Order, which will put a stop to this, or if he violates it, then it is a criminal offense. Next you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to represent you. With modern technology, you can... Read more »

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: can u go back to prison if someone puts a temporary restraining order on u
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 17, 2022

The answer depends on the conditions of your probation. That being said if your restraining order came with a criminal charge which they commonly do then its a good chance you would be violating your conditions of probation. Now that i have said this only your attorney or you know your... Read more »

4 Answers | Asked in Divorce and Domestic Violence for New Jersey on
Q: What are my options if part of a Final Judgement of Divorce is dropping an FRO and it has not been done yet?

Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »

William N. Sosis
William N. Sosis
answered on Jul 12, 2022

Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... Read more »

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2 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for New Jersey on
Q: How to dismiss, etc. false allegations of spousal abuse & harassment? TRO dismissed now civil restraints, took daughter

Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 3, 2022

Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... Read more »

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »

James A. Abate
James A. Abate
answered on Jun 20, 2022

He needs an attorney. When police observe signs of physical injury they must make an arrest. Your statement may be seen as the result of pressure from the husband. An attorney will know the correct way to pursue dismissal. Get him an attorney.

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife filed a restraining order with my address but she has not lived there in 2 months. How do I get back in myhouse

The house is in my name only

Richard Diamond
Richard Diamond
answered on Jun 9, 2022

You need to meet with a family law attorney experienced in handling domestic violence matters. In the complaint ( which presumably was served on you by the police), on page 1, it will have the allegations made by your wife to get the temporary restraining order and the dates for each item. I dont... Read more »

4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I don't go to court and I was the one who filed will it be dropped or will I get in trouble of I don't show
Richard Diamond
Richard Diamond
answered on May 11, 2022

If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if... Read more »

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Family court domestic violence domestic abuse custody: is there a motion in it that can be filed in court

Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 24, 2022

The focus in a Domestic Violence Trial, for a Final Restraining Order is very narrow. If the Court decides that you are entitled to an FRO, then you could be entitled to full and exclusive possession of the former marital residence. You and your children do not have to be the ones to leave. So you... Read more »

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
Richard Diamond
Richard Diamond
answered on Apr 20, 2022

I am guessing that you have a domestic violence restraining order (temporary or permanent) and you reported a violation of that order to the local police, who took a report. Presuming that I am correct, the next step is for you to follow up with the local police to find out whether they... Read more »

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will someone who received a “contempt of a DV order and an updated report be arrested at anytime or will the judge wait

On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... Read more »

James A. Abate
James A. Abate
answered on Apr 20, 2022

If you have been charged with violating the restraining order, the arrest is automatic and nearly instantaneous. If that occurs you will be well served to have a lawyer who deals with both Criminal/ and FRO hearings. The violation is criminal and can require jail and prohibition against owning... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: I had a domestic violence incident and I told the police that he chocked me which he didn’t.

The police said I would have to talk to the prosecutor when we go to court. I’m worried that my husband will go to jail.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 11, 2022

The best thing to do is to make sure both of you hire good lawyers to give him the best chance of getting the charges dismissed.

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: Hello. I need to file a domestic violence charge against my friend on Thursday. He beat me up.

I need a domestic violence prosecuter not domestic lawyer

Richard Diamond
Richard Diamond
answered on Feb 28, 2022

For domestic violence complaint purposes, It is not uncommon for the person filing the domestic violence complaint to have a lawyer represent her in connection with the preparation of the complaint and to represent her in connection with the trial. Our office handles that type of setting on a... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... Read more »

Bari Weinberger
Bari Weinberger
answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: ExGF put fake TRO to evict me with accusations that are her own actions and I have tons of solid proof I am the victim.

My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 10, 2022

Your question is not one that is easily resolved. You really need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. This could have grave consequences and should not be taken for granted. During this pandemic, you have... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a 16 year old move out of their house to live with their grandparents with consent of only one parent?

If a 16 year old's mom gives permission for them to move into their grandparents house, but their father doesn't, do they need both parents permission, or can they move out with only their moms permission.

Richard Diamond
Richard Diamond
answered on Dec 9, 2021

As a parent, your question troubles me and the short answer is that there is no good answer to this question. I presume that you are having trouble with one or both of your parents and you are looking for space away from your current home setting. Presuming im correct, the 1st question is what the... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New Jersey on
Q: Is a confession valid if my accuser coerced me into making it?

someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Oct 23, 2021

The answer depends on many factors, but yes it may be able to be used against you. I suggest that you speak with a lawyer as we don't know all the details of your confession or case to properly advise you.

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond
answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on
Q: If someone threatens to kill an unborn child and the mother of the child would that be a from of criminal coercion.

There is a active TRO on the father.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 14, 2021

At the minimum it is a criminal offence of harassment. Report this conduct to the police.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate
answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

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