Marlborough, MA asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for New Jersey

Q: I left my husband in Jan 2010 for domestic abuse. He got arrested, resisting arrest and hitting cop. Went to court cops

didnt show up so they dismissed the case. He kicked me out cause Lease was under his name and I was not allowed to take the boys with me. I had no where to go. So I came to Mass temporoy . He then went to court and said I abandoned the kids. So When we went for custody the judge or courts never heard my side andn 6 years later still doesnt know about anything nor the 5 videos I have of him throwing knife at me, kids crying in background etc. Can I still charge him for domestic?

1 Lawyer Answer
Michael A. Conte
Michael A. Conte
  • Domestic Violence Lawyer
  • Pennington, NJ
  • Licensed in New Jersey

A: You have a complicated set of facts and issues, including domestic violence and child custody. The short answer is that you can bring your facts to the courthouse and file for a Temporary Restraining Order (TRO) against your husband, and the matter will be heard by a child support hearing officer or a judge. If the Court believes that your facts warrant the issuance of a TRO and any related relief, they will enter the restraint and provide you with a date (generally within 10 days) to return to Court for a trial. At these proceedings, you should be prepared to offer any evidence that your claims rely upon. As a separate issue, if you believe that the child custody issue has not been addressed in a manner that best promotes the best interests of your children, you can file a separate child custody application. In that application, you would not only suggest what child custody arrangement would best serve the children, but you would also file a certification that states the facts of what custody is now and how is came to be that way, and the reasons for which you believe that custody should be modified. As these are both complex issues with complex underlying facts, you would be best served by consulting with a qualified family Court attorney before trying to address these issues.

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