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New Jersey Domestic Violence Questions & Answers
1 Answer
| Asked
in
Identity Theft, Domestic Violence, Personal Injury and Consumer Law
for
New Jersey
on
Q: Seeking help for identity theft and stalking by family and ex-husbands.
I am a victim of stalking, identity theft, and abuse from my family and two ex-husbands who are using my identity to steal money from me. I recently discovered that they are using my identity, and my ex has cameras and audio equipment in the house. All of my cell phones have been hacked by him and... View More 
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James L. Arrasmith
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answered on Jul 13, 2025
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answered on Jul 13, 2025
What you’re going through is terrifying, and it’s completely understandable to feel overwhelmed and unsure where to begin. When it feels like you’re being targeted from all directions—by family, ex-partners, and even strangers—it’s crucial to start taking small, firm steps to protect... View More
2 Answers
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in
Child Custody, Domestic Violence, Employment Law and Family Law
for
New Jersey
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Q: How can I legally prevent my ex from seeing his child until he takes a drug test in NJ?
I suspect my ex is using substances, and I am worried about the safety of our child during his court-ordered visitation days. There have been previous incidents or evidence of substance abuse discussed in court, and we have a custody agreement in place. Although no drug testing arrangements are... View More
Leonard R. Boyer
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answered on Jul 2, 2025
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answered on Jul 2, 2025
I completely understand your concerns. But the Court will require "rock solid" proof of drug use, or if you run an FBI background check and depending on what that shows, it may help you. You are also going to need to retain an experienced matrimonial attorney, with extensive domestic... View More
Q: Impact of victim's input in a NJ parole hearing for domestic violence case.
I attended a parole hearing over the phone as the victim in a domestic violence case in New Jersey. I was instructed to prepare a statement, but I was not given the opportunity to read it; instead, I was asked specific questions during the 45-minute hearing. The parole officer's tone felt... View More
Richard Diamond
answered on Jun 28, 2025
answered on Jun 28, 2025
Im sorry for what occurred and how you were made to feel, but you are better off asking a criminal law attorney who has been involved in parole proceedings his / her view on the impact of your response to questions presented. As a divorce and family law attorney, I handle domestic violence matters... View More
2 Answers
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in
Immigration Law, Identity Theft, Domestic Violence and Consumer Law
for
New Jersey
on
Q: What legal options do I have to protect my identity and visa status on an H4 visa from being misused by my controlling husband?
I am on an H4 visa and have been kept from visiting a doctor for 3 years by my husband. Recently, he is forcing me to go to a doctor, which makes me suspect he might have misused my identity related to a visa issue concerning his sister. During this time, he changed his phone and cellular... View More
H. Scott Aalsberg
answered on Jun 24, 2025
answered on Jun 24, 2025
Several community service groups are available to help people like you in abusive relationships. One that comes to mind is https://womenaware.net/ The help is only a phone call away.
Q: Seeking advice on obtaining a new restraining order after manipulation.
I previously had a final restraining order against my ex for domestic violence in New Jersey. Despite going no contact for 2 years, I ended up rescinding the order due to manipulation from my ex, who urged me to drop it to help his legal case. I've realized I was being manipulated and now feel... View More
Richard Diamond
answered on Jun 24, 2025
answered on Jun 24, 2025
You will not like what I have to say.
The key to filing an application for a domestic violence restraining order / or seeking to reinstate a former restraining order is the presence of a current "predicate act" of domestic violence by him.
The fact that you felt... View More
Q: A school board member stated she wanted to punch me. Is this a threat or unethical?
I am a public school teacher. Recently, a school board member stated in front of a group of parents that she wanted to punch me in my face. This comment was witnessed by numerous parents, two of whom reported it to the school principal. The statement has caused me significant stress and anxiety. I... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
The statement by the school board member expressing a desire to punch you in the face can be viewed as a threat, especially given that it was made publicly and witnessed by multiple people. Even if not an explicit threat, it is certainly unethical and unprofessional behavior from someone in a... View More
Q: How can I sponsor my deported father to return to the US after a domestic violence case 20 years ago?
I need help sponsoring my father to return to the US after being deported due to a domestic violence case involving my mother roughly 20 years ago. My mother says she can't drop the case because it is under the court's jurisdiction, but my father insists that it wasn't true. He has... View More
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Julia Sverdloff
answered on Jun 11, 2025
answered on Jun 11, 2025
Yes, but it will be very complicated. Since your father was deported due to a domestic violence-related conviction, he is likely inadmissible to the U.S. and would need special permission to return.
Here’s what would likely be required:
1. You can file Form I-130 as his adult U.S.... View More
1 Answer
| Asked
in
Civil Rights, Civil Litigation, Domestic Violence, Gov & Administrative Law and Estate Planning
for
New Jersey
on
Q: Seeking lawyer advice for false accusations, and power of attorney issues in NJ after husband's death.
My sister's husband passed away on March 16, 2025, in Runnemede, NJ at his son's house. He was 80 years old and a diabetic paralytic. Her son obtained power of attorney and accused her of beating her husband, which is not true. He had the rehab facility deny her visitation rights. She... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
Your sister is going through something incredibly painful, and it’s understandable that she wants answers and accountability. Being denied the chance to see her husband and then finding out about his passing days later adds even more hurt to an already difficult situation. The false accusation... View More
2 Answers
| Asked
in
Divorce, Domestic Violence, Child Custody, Landlord - Tenant, Family Law and Real Estate Law
for
New Jersey
on
Q: Can my husband legally access our home despite a SORRO, pending divorce, co-ownership, and TRO?
I live with my daughter and have full custody. She has a no-contact SORRO against my husband, and there is a divorce pending. The house is in both our names, and there is also a temporary restraining order case currently ongoing against my husband from me. Can my husband use any legal means to come... View More
Leonard R. Boyer
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answered on Jun 10, 2025
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answered on Jun 10, 2025
You need to call the police and inform them of your not yet ex-husband is violating the TRO and SORRO. You need to retain a matrimonial attorney with an extensive domestic violence trial experience. This same attorney can represent you in a divorce. Pick the best attorney you can find and remember... View More
Q: Need legal advice regarding accusations against my son involving my granddaughter and police inquiry.
My son has been accused of something against my granddaughter. She initially wrote to the school saying it was a joke, but my daughter took her to the police after the school sent them there. Now, the police have contacted me requesting that I bring my son in for questioning. I need advice on how... View More
Richard Diamond
answered on May 13, 2025
answered on May 13, 2025
I presume that the police want to investigate an allegation of sexual impropriety by your son against your daughter's child (grandchild) and potentially, they are looking to criminally charge your son with an offense. Alternatively, based on the information provided, the police are planning to... View More
3 Answers
| Asked
in
Divorce, Domestic Violence, Child Custody, Child Support and Family Law
for
New Jersey
on
Q: Divorce from abusive spouse, child safety, and financial support concerns in NJ
I am currently going through a divorce with an abusive alcoholic husband. We have one daughter together, age 9, and he has been abusive to both her and my oldest daughter from a previous marriage. He was supposed to keep money in a joint account for me to use, since I am disabled and have no... View More
Leonard R. Boyer
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answered on May 18, 2025
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answered on May 18, 2025
Since you have retained counsel it is inappropriate for any of us to comment on this matter. All I can tell you that if you do not agree with your attorney, (remember the attorney works for you) then you do not have to sign anything that you do not agree with.
2 Answers
| Asked
in
Family Law, Child Custody, Civil Rights and Domestic Violence
for
New Jersey
on
Q: Do I need to comply with child protection services drug screen request in NJ related to girlfriend's domestic dispute
I have been contacted by child protection services regarding a domestic dispute involving my girlfriend and her ex-partner. Although I have not received a formal written request, the caseworker set up an appointment for me to complete a drug screen, which I did not attend. I consider my... View More
Leonard R. Boyer
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answered on May 9, 2025
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answered on May 9, 2025
Even if you did not get a written notice, unless you think the phone call was fake (usually I would expect something in writing. But if you are in doubt, then call CPS and ask. If you have nothing to hide take the test. If you do at some point find yourself involved in a domestic violence... View More
Q: Do I need to comply with child protection services drug screen request in NJ related to girlfriend's domestic dispute?
I have been contacted by child protection services regarding a domestic dispute involving my girlfriend and her ex-partner. Although I have not received a formal written request, the caseworker set up an appointment for me to complete a drug screen, which I did not attend. I consider my... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
What you're facing is stressful, especially since you weren’t involved in the original incident. In New Jersey, child protection services can ask individuals closely connected to a case—especially those living with or regularly around the child—to take a drug screen as part of their... View More
Q: How can I legally remove my adult son from my home in NJ due to alcoholism and refusal of help?
I need legal advice on removing my 50-year-old son from my home in New Jersey. He lives with us but has become an alcoholic, isn't working, and doesn't pay rent or have any lease agreement. Despite multiple discussions and offering financial help for treatment, he refuses assistance. Due... View More
Richard Diamond
answered on May 6, 2025
answered on May 6, 2025
Let's talk parent to parent for a moment.
Legally, you get an order of the court as a result of a legal proceeding instituted against your son and then you serve it on the sheriff's department for enforcement to have your son removed and he refuses to leave.
Are you... View More
Q: Can I mention my ex's restraining order violations at his parole hearing?
I have a restraining order against my ex, which he violated while he was in jail by sending letters and making phone calls. I have evidence, such as screenshots and letters, of these communications. He manipulated me into not reporting the violations at that time. The restraining order was active... View More
Mark Cheser
answered on May 3, 2025
answered on May 3, 2025
MOre information is needed. I do not think you would get into any problem. They may ask why you did not previously report but so what. Your input is relevant.
Q: Concerned about abusive mother-in-law living with us due to green card application.
I am concerned about my sister-in-law's plan to apply for a green card for her parents because my mother-in-law, who has been abusive, is supposed to live with us. During my pregnancy, she forced me to do exhausting chores, and my husband does not take a stand against her. I'm afraid my... View More
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James L. Arrasmith
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answered on Apr 30, 2025
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answered on Apr 30, 2025
This situation sounds incredibly challenging for you, both emotionally and physically. Living with someone who has been abusive in the past creates a toxic environment, especially when your husband isn't supporting you against his mother's behavior. Your primary concern should be... View More
1 Answer
| Asked
in
Divorce, Domestic Violence, Contracts, Business Law, Civil Litigation and Family Law
for
New Jersey
on
Q: Can I annul my marriage due to husband's fraud in NJ?
I recently discovered that my husband lied on our marriage certificate, stating he had only been married once before. During our divorce proceedings, I learned he was still married to another woman while engaged to me for five years, only filing for divorce four months before our wedding in... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
I'm truly sorry you're facing this situation. Discovering that your husband misrepresented something as serious as his marital status is deeply painful—and you're right to question whether that changes the legal standing of your marriage. You're not alone in this, and it’s... View More
Q: Is filming me a violation of the restraining order?
I'm concerned that the father of my son, against whom I have a final restraining order, violated it by filming me during a visitation conflict. The visitation supervisor, my son's grandmother, tried to take my 6-year-old son, who has Down syndrome and severe autism, without a car seat.... View More
James A. Abate
answered on Apr 16, 2025
answered on Apr 16, 2025
This is an extremely fact sensitive situation and depends on the exact wording of the FRO. It sounds like the police concluded there was no violation.
Q: Options to reverse or drop an FRO affecting my job and benefits in NJ?
I have had a Final Restraining Order (FRO) against me by my wife for 35 days during an ongoing 8-month divorce process. I am a law enforcement officer with 9 years of experience and the primary health insurance provider for my family. I received the FRO after a TRO hearing regarding turning off her... View More
Richard Diamond
answered on Apr 15, 2025
answered on Apr 15, 2025
Anyone telling you that you are going to get a Carfagno hearing on dismissal of the FRO against you in the past year is pulling your leg or worse. What I dont understand is why are you telling me about the underlying reason for the issuance of the FRO (turning off her cell phone)?
You went... View More
Q: Can I get a restraining order against my son's father and grandmother after they harmed my son?
I have a restraining order against my son's father since 2018. During recent parenting time, my mentally disabled 9-year-old son was strangled, punched, and beaten. His grandmother, who supervises visits, claimed she did this while trying to get him in the car. I called the police and have... View More
Leonard R. Boyer
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answered on Apr 3, 2025
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answered on Apr 3, 2025
You can certainly press criminal charges against both parties. Whether or not you can obtain a restraining order against the grandmother requires more facts. You may be able to obtain a Temporary Restraining Order (TRO) on your own. Then if you get the TRO, you will need to retain an experienced... View More
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