Trenton, NJ asked in Child Custody, Family Law and Domestic Violence for New Jersey

Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues to call the police department on me making false allegations. Is this harassment? There is a history of DV; he had to be removed from one of my son's dr appointment. He sent me text messages calling me a Pig and sent five or more of the same texts minutes apartment from eachother. I am at a loss. I live in fear that he will contact my job. I live in fear everyday but the police department tell me its not harassment; even though I have 4 case numbers where he has verbally assaulted me in front of my 6 year old. I attempted 2 TROs but with no witnesses the judge says "according to the written law" even though apparent I could not be granted the FRO.

2 Lawyer Answers
James A. Abate
James A. Abate
Answered
  • Domestic Violence Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an attorney.

1 user found this answer helpful

Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Short Hills, NJ
  • Licensed in New Jersey

A: I was following your concerns until the part where you said:

I live in fear everyday but the police department tell me its not harassment; even though I have 4 case

numbers where he has verbally assaulted me in front of my 6 year old. I attempted 2 TROs but with no

witnesses the judge says "according to the written law" even though apparent I could not be granted the FRO.

I have been a divorce and family law litigation attorney for the past 34 years and I am having great difficulty with the idea that you appeared before a family court judge in this state and that judge told you that you could not get a domestic violence final restraining order because there were no witnesses to the violence inflicted on you. In fact, I have tried more domestic violence matters than most lawyers in this state and I have never heard a single one of them say or suggest that a domestic violence restraining order could not be issued because the victim did not have a witness to the incident, especially since domestic violence by its nature rarely has a witness and because 95% of all domestic violence complaints are based on harassment and not physical violence. My suggestion is that you should meet with a family law attorney who specializes ii domestic violence matters since it sounds like you are getting advice from those who have no idea what they are talking about and who are not family law specialists. No family law attorney who is a specialist would ever say or suggest to you that you could not get a domestic violence restraining order without a witness either. Whomever gave you this advice is simply wrong.

1 user found this answer helpful

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