Paterson, NJ asked in Domestic Violence for New Jersey

Q: What is the statute of limitations on a domestic abuse claim?

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3 Lawyer Answers

A: It is not a question of the statute of limitations, but rather when the alleged domestic violence act occurred and what you did about it right afterwards. If you could have escaped from your abuser, but chose to stay, rather than leave, or you continued to stay with someone and did not call the police ASAP, then you will have a problem. You need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking).

Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

A: Thank you for your question.

I am unclear as to what you are asking. If you believe you have a claim to file for a restraining order, it should be filed after an act of domestic abuse occurs. If you are seeking damages as a result of domestic abuse it depends of the facts of the case as to when the appropriate time to file a lawsuit is. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.

I hope this information was helpful to you.

A: Thank you for your question.

If you are a victim of domestic violence, you may have a claim to file for a restraining order, which should be filed after an act of domestic abuse has occurred. More information is needed in order to better assist you. I strongly encourage you to schedule a consultation with an experienced family law attorney.

I hope this information was helpful to you.

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