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New Jersey Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: I pleaded out to up to 90 days and probation for restraining arrest and invitation of prissy what do you think will happ
T. Augustus Claus
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answered on Aug 24, 2023

In New Jersey, if you have pleaded out to a sentence of up to 90 days in jail and probation for charges of resisting arrest and obstruction of justice, the exact outcome can depend on various factors including your prior criminal history, the circumstances of the case, and the discretion of the... View More

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I currently have a restraining order on the father of my 2 kids. He also plead guilty to a stalking 3rd degree felony.

There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More

Richard Diamond
Richard Diamond
answered on Jul 18, 2023

I don’t mean to be rude, but:

1. You currently have a domestic violence final restraining order in place against the father of your 2 kids.

2. You also filed a criminal stalking charge against him after the entry of the final restraining order, resulting in him pleading guilty to...
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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife of 5 years recently moved back into my home. It is been 3 weeks. She filed a tro against me after a discussion.

I have a special needs son who lives there. She has a daughter there. What happens to me?

Leonard R. Boyer
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answered on Jul 3, 2023

You have to retain an experienced matrimonial attorney with extensive domestic violence trial experience to protect your interests in this matter. Your question cannot be answered in this forum with such limited information. Pick the best attorney you can find and remember one rule: a good... View More

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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: Can I become a paralegal and then a lawyer with my background? I have a motor vehicle conviction and domestic violence

I had a 2005 DUI in New Jersey which was a traffic crime. It is only on my driving record but in 2021 I had 2 restraining orders 1 from my ex girlfriend in California court which was for 14 months and is now over and a permanent restraining order issued against me in New Jersey near the same time.... View More

Richard Diamond
Richard Diamond
answered on Jun 25, 2023

You need to talk with a lawyer who specializes in attorney ethics matters. Under our rules, if a lawyer is found guilty of domestic violence, it must be reported to the state ethics department. If the claim involved assault, a lawyer can be suspended from the practice or disbarred so I would... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... View More

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Legal Malpractice and Sexual Harassment for New Jersey on
Q: I have been charged my the apartments attorney (no0police involved) of NJSA:18-61.1(b), and 2A:18-61.1(d) and NJSA:18-6.

I am severely disabled, I am 5’3”, 90 lbs, broke my spine on their porch, I am getting attacked by 3 grown muscle men and I am scared, frightened. And all the other lies have no basis nor was I allowed to give my side of the events. They basically have it so i can only breathe in here. Please help

Morris Leo Greb
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Morris Leo Greb
answered on Mar 29, 2023

It appears from reading your question that seeking advice from an attorney that pracrices criminal law would be more appropriate. It does not seem to be a matter that mainly involves a tenancy problem.

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What am I entitled to under the Domestic Violence laws?

I don't know the DV laws very well. I am aware of restraining orders and possible monetary reparations. Is there anything else I can do?

Leonard R. Boyer
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answered on Mar 24, 2023

Domestic Violence restraining orders are life altering. Having a Final Restraining Order entered against you prevents you from being able to have a normal life. If you are seeking to have a restraining order entered against you or have to defending against one then you need to retain the best... View More

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have endured extensive DV from my husband. I don't know what I'm entitled to under the DV laws.

There have been multiple incidents of physical, emotional, & financial abuse over the past few years. My divorce lawyer is already filing a Tevis claim. Unfortunately, husband has a knack for making the police believe it was my fault. I've been arrested 3 times and spent 2 days, 18 hours... View More

Leonard R. Boyer
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answered on Mar 24, 2023

Since you are represented by counsel, you need to direct all your questions to your attorney. It is not appropriate for any of us to answer when you are represented by counsel. Good luck.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will I be contacted by the Prosecutor to discuss being a witness in an assault charge I filed against my husband?

My husband is the defendant and now I've been told, I would be a witness in this case. Will the prosecutor's office contact me to go over my testimony or should I contact them?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2023

Generally the prosecutor will contact you, but lots of time they don't contact you until the day of court. They don't really go over you testimony with you, but do ask some questions if they are interested in pursing the case. For that you may want your own private lawyer.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I'm the plaintiff in a Domestic Violence case (simple assault charges,) should I get a lawyer to represent me?

My husband and I have cross-TROs against each other for an incident that occurred on Feb. 17. We now have cross-simple assault charges as well. I have a lawyer for the TRO and simple assault charge where I'm the defendant. Should I secure counsel for the simple assault case where I am the... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 24, 2023

On the simple assault case that is a criminal matter against your husband, you are not the plaintiff. Criminal matters are between the State and defendants, so the matter should be entitled: The State of New Jersey v. Your Husband. Those matters are prosecuted by state prosecutors. You will be a... View More

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2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Personal Injury for New Jersey on
Q: What recourse do I have because my partner has been financially, emotionally and psychologically abusing me for six year

He convinced me to sell my house in brooklyn and now the money is gone and I owe the IRS. He makes me feel worthless and blames me for everything, I am severely depressed and have anxiety disorder because of all this. I feel like I can't do anything.

Leonard R. Boyer
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answered on Mar 22, 2023

You really need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to obtain a Final Restraining Order against him. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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2 Answers | Asked in Domestic Violence and Personal Injury for New Jersey on
Q: Could you file a suit against your homeowners insurance for domestic violence/injurY/PTSD, endured while living in home?
Peter J. Weinman
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answered on Mar 22, 2023

It's unlikely your homeowner's insurance would cover you for the results of the intentional acts of others, including what you suffered at home. You should contact your health insurance provider to cover expenses related to your injuries and any follow-up treatments and/or ongoing... View More

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Leonard R. Boyer
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answered on Mar 3, 2023

You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... View More

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2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.

If you are being criminally prosecuted and she is...
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1 Answer | Asked in Domestic Violence for New Jersey on
Q: I have a TRO against my child father he missed court and now our FRO has move. I’m thinking about doing a civil agreemen

Do I need an attorney to do civil agreements?

Richard Diamond
Richard Diamond
answered on Jan 16, 2023

Yes, you should have a lawyer knowledgeable with domestic violence matters prepare it.

Here are a few "basic" questions that an experienced lawyer handling domestic violence matters should address in the document:

Is it going to be a consent order or consent agreement...
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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... View More

Leonard R. Boyer
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answered on Jan 12, 2023

What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense... View More

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: What happens to the over $160,000 in arrears that’s owed if I pass away?
Leonard R. Boyer
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answered on Dec 7, 2022

The arrears will go to your heirs if you pass away and have a will or trust. But since you are alive, you really need to retain an experienced matrimonial attorney to go after the $160,000. It needs to be reduced to a Judgment and Docketed in Trenton as a statewide lien. Then an Information... View More

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Why would a warrant for a domestic violence case be recalled the the person didn’t comply with the court order

It has been 2 years since the case he did not pay his fines or do the anger management that was court ordered and 2 years later nothing has yet to be done to him from the courts

Richard Diamond
Richard Diamond
answered on Nov 28, 2022

I don't know why a domestic violence restraining order's requirements are not being enforced by the court/probation department. My suggestion is that you sit down with a family law specialist, with experience handling domestic violence matters to review the terms of the court's... View More

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