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New Jersey Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence for New Jersey on
Q: My parents are falsely accusing my boyfriend after I said he will be helping me move out, and are trying to keep me here

I turn 18 soon and told my parents my bf will help me move out due to the physically and emotionally abusive environment. Now my mom is lying to friends, therapist, and authorities in both my state and my bf's state with no proof about him being a pedophile, grooming kids online, and being... Read more »

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on
Q: If someone threatens to kill an unborn child and the mother of the child would that be a from of criminal coercion.

There is a active TRO on the father.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 14, 2021

At the minimum it is a criminal offence of harassment. Report this conduct to the police.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

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2 Answers | Asked in Child Custody and Domestic Violence for New Jersey on
Q: TRO violation (sent a harmless text) on a TRO gained on false pretenses

Prosecutor wants me to plea to 1 year probation, dna submission, mental and substance abuse evaluation, a fine, unable to bear arms or leave state during time of probation. My child’s father lied and was granted TRO giving him immediate temp custody of daughter. Before FRO hearing my child’s... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 4, 2021

Unfortunately, you get what you paid for. The simple fact is you had an TRO in place, and violated it. I realize this does seem like a harsh punishment, but no one here knows the facts of your case. I strongly suggest that you find the money one way or another for an experienced criminal defense... Read more »

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1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: In response to Morris Leo Greb, follow-up Question

Sending the certified letter you suggested would not violate the “no contact” directive of the restraining order? He won’t pay for removal, I’m sure, so can My sister take him to small claims court without violating no contact directive?

Q. When are personal effects considered... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 24, 2021

I was unaware of the "No Contact" order. So file a complaint in small claims for cost of removal. You can fo this pro se. Go to www.NJCourts.gov. The Claims Division may decide not to hear the matter as the appropriate Court would be the one that issued the 'No Contact' order... Read more »

2 Answers | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: When are personal effects considered abandoned in New Jersey? No lease in effect & housemate under a Perm RO for DV.

My sister in NJ allowed a disabled vet friend (at the time) to live in her house in exchange for help with upkeep of the premises, which he did not do as time passed. He gave her money towards his groceries. There was no written agreement and no lease.

Unknown to her at the time. he... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 23, 2021

I would just call a junk removal company and have it removed. There is apparently no way for you to find him, so why leave your house at risk?

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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Municipal Law for New Jersey on
Q: i am a victim of terroristic threat. i would like to take action against however dont know how/where to start. direct me

hello, after reading 2C:12-3 - Terroristic threats

i realized that i am a victim of terroristic threat. i would like to take action against however don't know how or where to start. can you direct me please?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 21, 2021

If it is currently ongoing or recent you may want to call the police.

1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 28, 2021

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.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: In NJ if a judge adjourns 60 days to get anger management. But I only need 4 hrs. Can my case be seen sooner?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 6, 2021

It is up to the Judge how much time in anger management you need. Are you represented by counsel? If not you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. If you do not, you are making a very serious mistake.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hi, is there any lawyer who speaks Turkish around Cliffside Park, NJ. I need a lawyer who knows domestic violence

I am under threatened with eviction by my husband. He told me he will sell his house and throw out my belongings. Can he do this? He wants to divorce without alimony. I am a housewife, 49 ages and a gammy person now. I had a bicycle accident and my husband is a causator (obsolete). He is... Read more »

James A. Abate
James A. Abate answered on Apr 3, 2021

I am so sorry to hear you are going through this. You do need a lawyer. I would think someone in the Turkish community would be able to help find a lawyer who speaks the language. Otherwise you can use a translator. Best of luck.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
Richard Diamond
Richard Diamond answered on Mar 29, 2021

Start off by writing him through email or text, telling him that you feel that he is not honoring the terms of the civil restraining order and that if he violates it again, you will be forced to file a new domestic violence complaint against him and you will use his ongoing violations of the civil... Read more »

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can civil restraints be used to prevent someone from being able to purchase firearms?

I'm debating whether or not to drop a restraining order against an abusive spouse in favor of civil restraints, because an FRO could create financial strain on our whole family. One thing I'm concerned about is his ability to purchase firearms, however. He has been violent before, but... Read more »

Richard Diamond
Richard Diamond answered on Mar 15, 2021

If I were you, the only way that I would dismiss the protections provided to you under the domestic violence laws would be with the entry of a lengthy, detailed consent order ( not an agreement but a court order under a different docket number), which provided you specific protections, including... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
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

Richard Diamond
Richard Diamond answered on Jan 27, 2021

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... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: can someone please provide me with recent case of J.N. v. S.B. in regard to vacating a restraining order

or refer me to where I can find it. I need to have a restraining order lifted for work

Leonard R. Boyer
Leonard R. Boyer answered on Dec 18, 2020

The Court in New Jersey does not "lift a restraining order" for someone to work. This case which appears to be an unpublished opinion by the Appellate Division affirmed the Trial Court Order, which denied removal of the restraining order. Statistically speaking the vast majority of... Read more »

2 Answers | Asked in Domestic Violence for New Jersey on
Q: I am a woman in NJ. I had a FRO entered by default by someone who sexually assaulted me when I was a minor.

This person was an older woman in ministry. Her and my former pastor had me arrested in 2015 and a FRO was entered by default because I didn't know I had a court date. I sued the church for the assault and just won. Also, I am a part of the ACP program for protection and will be moving out... Read more »

James A. Abate
James A. Abate answered on Dec 8, 2020

You will need to file a Cartifagio application. Typically I will tell people that the application is dead on arrival without consent of the plaintiff. However, the default status and the fact that you have a court that determined you were sexually assaulted could be enough to overcome that.... Read more »

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.

James A. Abate
James A. Abate answered on Nov 17, 2020

Most likely yes. A TRO stays in effect unless it is dismissed or amended to an FRO.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Is it true if a simple assault happens with a minor child present it is an aggravated assault?
Richard Diamond
Richard Diamond answered on Nov 5, 2020

The filing of a criminal complaint against you for assault (simple or aggravated) in NJ can also result in the filing of a domestic violence complaint against you for assault ( simple or aggravated)

As to the term “assault”, it occurs when a person causes, or attempts to cause, bodily...
Read more »

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