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

Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help

5 Lawyer Answers
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Domestic Violence Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Yes you can hire a lawyer. If your case is in family court hire a family lawyer, if your case is in municipal or criminal court I suggest hiring a good criminal lawyer.

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

A: Yes you can hire a lawyer. Look for an attorney who handles domestic violence cases. It is not unusual that the TRO is sought to prepare for a divorce. If you believe a divorce is in the offering then you should speak to a divorce lawyer.

Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sorry you are having a domestic violence issue. Yes, you can hire an attorney and I strongly recommend that you do so as soon as possible as domestic violence matter can have a damaging influence on child custody matters. I urge you to schedule an attorney consultation as soon as possible.

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

A: When is the return date of your domestic violence matter? Whether you think your ex has filed a false complaint against you or not, you need an experienced family law attorney to represent you since the consequences of a court's finding of domestic violence against you has serious consequence's. And, while you may believe that her complaint is false, understand that between 90% & 95% of all domestic violence complaints in New Jersey are based on claims of harassment, cyber harassment and stalking and not claims of physical violence. I have no idea what your ex has alleged in her complaint, no idea what she stated when she appeared before a hearing officer / judge nor what is in her actual DV statement, but in advance of a trial, all of that material needs to be obtained by your lawyer and you and he need to meet to prepare for trial and part of that preparation will be a determination as to what witnesses may need to be called and arranging for their testimony. Our firm handles domestic violence trial work and I would suggest that you call Angela at 973-379-9292 ( Millburn Office) or at 609-248-9595 ( Ocean County Office) to schedule a consultation with one of the partners in Diamond & Diamond to review your matter with you.

Michael Andrew Conte
Michael Andrew Conte
Answered
  • Divorce Lawyer
  • Princeton, NJ
  • Licensed in New Jersey

A: When you receive a Temporary Restraining Order ("TRO"), you will be provided an upcoming court date for a hearing. At the hearing, the Court will decide whether to dismiss the TRO, or to make it a Final Restraining Order ("FRO"). If it is made an FRO, it could have a significant negative impact on your child custody cast, among other things. You should consult with a family law attorney who has experience trying domestic violence cases. If you need time to meet with an attorney and to pay a retainer, you can ask the Court for some time to do so. Good luck!

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