Get free answers to your Domestic Violence legal questions from lawyers in your area.
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 
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.
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
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
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
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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
I am a victim of domestic violence in Bergen County, NJ, and I want to press charges. There is a TRO filed for both parties involved, and we've only had an initial court date which provided a trial date. I have documentation and videos of the incident, and I am seeking financial compensation... View More
answered on Apr 2, 2025
A family law attorney with experience representing victims in domestic violence matters can represent you in obtaining a final restraining order and can make a request for attorney fees related to that hearing when your final restraining order is granted. There are also State victims resources that... View More
My daughter was assaulted by her boyfriend while in Miami Beach, and the court issued a no-contact order involving our family and his. We live in New Jersey, and he also resides there. Does this no-contact order remain valid and enforceable in New Jersey?
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answered on Mar 27, 2025
Yes, the no-contact order would be valid and enforcable in N.J. The U.S. Constitution requires all states to give full faith and credit to the acts of another state. There is also a national domestic violence registry. A violation of that Order would be a criminal offense.
I am being charged with domestic violence after a dispute with my fiancé that escalated, and I am not entirely sure of the exact charges. There was one witness to the incident, and there have been previous instances where the police were called due to my fiancé acting out of control. My fiancé... View More
answered on Mar 24, 2025
The witness really complicates things, but the best way to make sure he gets the best result is to make sure both of you have attorneys. I know you may say only he needs an attorney but this is a false premise, as many people think the prosecutor represents the victim but they don't. The... View More
I am being offered a teaching job that requires a national background check. In Pennsylvania, I was served with a temporary Protection from Abuse (PFA) order, which expired in May 2023. The order had no specific restrictions or conditions, and there were no criminal charges or convictions, nor any... View More
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answered on Mar 21, 2025
The background check will show that, but it is not possible to know what the institution offering you the teaching job will treat it. Every school is different. Any of us speculating will not help you. Good luck.
My friend works and lives in a company-provided apartment in New Jersey. He allowed a girl, who was struggling with heroin addiction, to stay with him as she had nowhere else to go, but she is not on the lease and her presence risks his job. He could face trouble due to a domestic violence no... View More
answered on Mar 20, 2025
What is the nature of the relationship between the employer and your friend? My initial thought is that he moves by ejectment. I would just like to clarify what is the legal relationship is between the employer, your friend in the apartment.
I work for a teacher's aid placement company and have been suspended after reporting abuse at my student's home. I haven't received any warnings before this suspension, and I'm not part of a union. My supervisor mentioned an ongoing investigation, but I'm unaware of any... View More
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answered on Mar 24, 2025
Your situation raises serious legal concerns. Reporting suspected child abuse is generally protected by whistleblower laws, and suspending you for fulfilling this duty could constitute retaliation. The lack of prior warnings and communication about the suspension terms adds to the troubling nature... View More
How can a domestic violence case be dismissed when one party mistakenly stated they hit the other party first during an altercation? There is a court date scheduled, but there have been no previous legal actions or arrests related to this situation.
answered on Mar 12, 2025
Basically if you admitted to the events of the crime, the only thing that will get your case dismissed is a good lawyer on your side and some good luck. For example, I have had many cases dismissed where my clients have admitted to the event in question, but my relationship with the court and... View More
I am considering taking my child's father to court for sole custody. He has been incarcerated since our daughter was 4 months old, and she is now 7. He has been inconsistent in maintaining a relationship with her and has made threats to me, which makes me concerned for her safety, as he knows... View More
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answered on Mar 13, 2025
You need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. You will be able to obtain primary residential custody, with the Defendant precluded from having any contact with both you and the child. You will probably need to file a separate custody... View More
I want to know if a charge for simple assault related to domestic violence can be dropped.
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answered on Mar 4, 2025
Yes it can, however you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. If the person whom you filed the charge against, that person should retain an experienced criminal defense attorney and I can certainly recommend one. However, unlike with... View More
I was in an emotionally abusive relationship while working for a psychiatrist who emotionally manipulated me and prescribed controlled dangerous substances (CDS), which I did not take or fill. The romantic and professional relationship, as well as my overall well-being, were compromised due to... View More
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answered on Apr 1, 2025
You have the right to pursue legal action against multiple parties in New Jersey through a civil lawsuit for the harm you've experienced, including potential claims against the psychiatrist for inappropriate prescribing practices, the police departments for their handling of your situation,... View More
My boyfriend was charged with domestic violence and was arrested two weeks ago. He has a court date on March 21 and a pre-trial hearing on March 7. His ex-girlfriend claims he hit her on his front porch on February 3. However, she was using his phone to text and harass me at that time, and he has... View More
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answered on Feb 27, 2025
Your boyfriend (in addition to the criminal defense attorney) is going to need a matrimonial attorney with extensive domestic violence experience. The best thing for your boyfriend to do is to retain attorneys for each case that have experience working together. Attorney Aalsberg is the best... View More
I cannot see or talk to my boyfriend because he is detained after a domestic incident we had, which led to charges of attempted murder and aggravated assault. He is facing a sentence of 3 to 25 years, and there are no protective orders against contact with him. As the victim, will I be able to see... View More
I have a fro hearing on Mon and wanted to know if I sign off on the civil restraints after I already sent information regarding my injuries to the prosecutor that’s handling the criminal case this coming Wed, my ex-boyfriend (abuser) versus the state. Will my submission will be still able to be... View More
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answered on Feb 9, 2025
The most important thing for you to do is ask the Court on Monday for you to retain an experienced matrimonial attorney and do not agree to anything. If you make some type of admission in Family Court (which is were your Domestic Violence case will take place) is different from what you told the... View More
I recently called the cops on my dad (im 23) for head butting me i told the police it wasnt that serious and i just wanted them to calm the situation down & i didnt press charges or anything. i really dont want anything happening to my dad
answered on Feb 5, 2025
Yes your dad could go to jail but the time would depend on what the actual charge is. That being said he is probably at least looking at 180 days in jail and probably more. If you want to help him make sure he hires a good lawyer to reduce or eliminate as much jail time as possible.
My ex was very abusive during our relationship. Both physical and sexual most of which I have proof of. He is very irresponsible and we often have issues because of him saying he is going to do one thing and doesn’t do it. I filed two TROs against him. One I dropped because I couldn’t find a... View More
answered on Jan 13, 2025
From your submission, you already filed a domestic violence complaint against your ex for the recent text messages and presumably, the matter will go to trial, during which presumably your ex will attempt to use that text against you in trial. My suggestion is that you schedule a consultation with... View More
get a T.R.O on you and have me the homeowner (Disabled on a fixed income) removed from my home and put to the streets with nowhere to go while escorting this stranger into your home, granting all access to all your family valuables and private documents, the entire contents of your home as well as... View More
answered on Dec 13, 2024
I have no idea what happened to you but to have you removed from your home under a domestic violence temporary restraining order, the person had to appear before a local municipal court judge or a superior court judge and certify as to as specific facts, starting with the representation that he /... View More
Is it a violation of the restraining order? I prepared a full counterclaim, but then I called the family court and there was nothing filed. He faked a lawsuit to communicate with me, wrote a lot of absurd things. Is it harassment?
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answered on Nov 21, 2024
Yes this is harassment which is a violation of the restraining order. Do you have a Temporary Restraining Order(TRO) or a Final Restraining Order (FRO)? If you have an only a TRO you need to to retain an experienced matrimonial attorney who has extensive domestic violence trial experience to obtain... View More
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