Newark, NJ asked in Domestic Violence and Family Law for New Jersey

Q: I am seeking legal council regarding a complaint filed against me for child abuse which involves vawa act application

My ex is seeking a green card through filing a child abuse case against me. I am seeking legal counseling

Related Topics:
2 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Domestic Violence Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Not so unusual, if you are being charged or investigated for a crime by the police or think you may soon be, hire a criminal lawyer. If you are merely seeking child custody or some other family law issue, hire a family law lawyer.

Richard Diamond
Richard Diamond
Answered
  • Domestic Violence Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: The Violence Against Women Reauthorization Act (VAWA) is a federal program that supports comprehensive, and cost-saving responses to domestic violence, sexual assault, dating violence, and stalking. VAWA gives states and communities tools to assist victims based on local and statewide needs and priorities.

In New Jersey, if your ex believed that you engaged in domestic violence behavior, her recourse would be through the domestic violence laws of the state, regardless of whether she was seeking a green card.

A municipal court judge or a superior court judge would examine the domestic violence complaint filed by her to determine if she had sufficiently pled an entitlement to temporary protections under the statute. Presuming that she had done so, then a domestic violence temporary restraining order would be entered in her favor and a return date set for you and her to appear before a superior court judge, to determine if a permanent restraining order should be entered in her favor.

If your ex has obtained a temporary restraining order against you, it is imperative that you meet with a family law trial lawyer immediately to discuss the consequences of that order and its impact on your relationship with your child. You also need to discuss the claims made against you. In reaching out to a lawyer, make sure to give him a copy of the complaint served on you by the police/court staff so that he knows exactly what the claims are against you, the return date of the application, and the judge handling the matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.