Q: Can I get a restraining order in New Jersey if I live at inlaws with minor who his uncle visits mom but hit son
Son was hit
A: You may, but more information would be needed to properly advise you or you can speak with the police. That being said you may want to hire a lawyer to make sure you get that restraining order permanent, because otherwise if you can't prove your case, you will lose.
A:
I would start off by filing a criminal complaint of assault with the local police department, in the town where the incident occurred against the uncle who struck your son. While you are at the police department, you can inquire as to whether you can file a domestic violence complaint as well as a result of the incident against the uncle on behalf of your son.
Separately, for educational purposes, under NJ's domestic violence statute, there is a specific list of criminal acts that can be relied upon to file a domestic violence complaint and the question will be whether this incident occurred in NJ and whether you can proceed with a domestic violence complaint on behalf of your son (who presumably is a minor) and whether the uncle will be viewed as a member of a family unit for protections under the statute. While each of these questions may seem simple, you need to schedule a consultation with a family law attorney to review what occurred and how best to protect your son from this type of behavior.
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.
