Q: Family court domestic violence domestic abuse custody: is there a motion in it that can be filed in court

A: The focus in a Domestic Violence Trial, for a Final Restraining Order is very narrow. If the Court decides that you are entitled to an FRO, then you could be entitled to full and exclusive possession of the former marital residence. You and your children do not have to be the ones to leave. So you will not have to stay in a shelter. If you are unable to afford your own private attorney, then you should contact NJLS to represent you. Do not even think of trying to represent yourself.

A: The most important question is whether the temporary restraining order provided your ex with any visitation with the children pending the outcome of the return date of your domestic violence matter OR if you think that your ex will ask for parenting time with the children pending the return date of the matter. Presuming that there was no provision in the temporary restraining order for parenting time and you are confident that your ex will not seek any parenting time before the return date, I would reach out to the domestic violence intake office in the county where you obtained the temporary restraining order to let them know that you are considering "temporarily" staying with family and I would make sure that you tell them where you are going to be and provide a telephone number, contact information, etc for the family you are staying with.

Presuming your ex is not seeking any parenting time with the children in advance of the return date of your application, I think that the court will permit you to stay with family and friends (instead of remaining in a shelter) temporarily until the return date of your restraining order application.

BUT even if you and the children are able to remain with friends TEMPORARILY until the return date, you cannot remove the children from the state of NJ after the return date of your restraining order application without court permission, even if the court grants you a final restraining order. Even with a final restraining order, you still need to make the application to the court to permit the relocation.

A: Thank you for your question about custody and parenting time in cases where domestic violence exists. I am sorry you are going through this difficulty time. Your inquiry is fact specific. In order to answer your question, it is important to know if there is currently a temporary or final restraining order in place as well as the circumstances surrounding the acts of domestic violence. However, simply because there is a restraining order, the other parent may still be entitled to parenting time. In either case, you can file a motion seeking the court’s permission to relocate with the children. I strongly suggest you contact a family law attorney who can advise you how to proceed in your unique circumstances.