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New Jersey Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have an FRO with my ex-bf. He keeps calling DCP&P on me w false allegations. Is this a violation of the FRO?
Michael Andrew Conte
Michael Andrew Conte
answered on Aug 30, 2024

It could be, but like any other alleged domestic violence case - it is highly dependent on the facts of your case. You should consult with a qualified family law attorney who handles domestic violence cases to better assess the situation and/or discuss the situation with the police.

1 Answer | Asked in Domestic Violence for New Jersey on
Q: What can I do if someone files a false restraining order against me in NJ being not a resident but employed?

My ex filed a false restraining order against me for harassment on 7/27/24 even while being in a relationship that we both agreed upon. (Rahsaan is on parole for the murder of his 4month old son) I said I’d get a restraining order against him but he beat me to it and committed Perjury. During... View More

Leonard R. Boyer
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answered on Aug 9, 2024

To provide a meaningful response, more factual information will be required. You need to retain an experienced matrimonial attorney with extensive domestic violence experience. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney... View More

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for New Jersey on
Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?
Leonard R. Boyer
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answered on Jul 17, 2024

What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either... View More

4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Michael Andrew Conte
Michael Andrew Conte
answered on May 28, 2024

It is up to the judge. File an adjournment request with that judge via JEDS, provide the reason you are making the request, and ask the judge for his/her chambers staff to contact you to advise as to whether the adjournment is granted. Otherwise, appear at the appointed time.

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1 Answer | Asked in Family Law, Personal Injury, Child Support and Domestic Violence for New Jersey on
Q: My daughter is mentally agonized and in trauma due to violent behavior of her father's girlfriend who came to our home

It happened in 2022 and since then a series of events happened including domestic violence on me (the mother by the father). I need to know what actions can I take against the father and his girl friend. My daughter is in High School and she is always traumatized that the woman may harm her

Leonard R. Boyer
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answered on Mar 31, 2024

You need to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. The attorney will help you to obtain a Temporary Restraining Order (TRO) against both the father and his girlfriend. Criminal charges against both may also be possible, but that will require... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for New Jersey on
Q: If I do not agree with the Judge's decision in my divorce trial, can I file an appeal or sue my ex-husband?

This is a domestic violence case with extensive misuse of marital funds and loss.

Richard Diamond
Richard Diamond
answered on Feb 28, 2024

If the trial is over and the court has ruled on all issues outstanding and has issued a decision ( from the bench or in writing), you have the right to seek an appeal of his rulings to the appellate division. There is a specific time frame for the filing of an appeal, specific documents that must... View More

3 Answers | Asked in Domestic Violence for New Jersey on
Q: After getting restraining order . State charged defendant . What is it I’m there at court for ?

She has lawyer , she has been in trouble many times with law . She is well known n I have never dealt with this n don’t know what will happen or if I need to be prepared for anything more than to explain what happened

Michael Andrew Conte
Michael Andrew Conte
answered on Feb 12, 2024

You are there as a witness/victim. You should ask any questions and express any concerns to the prosecutor.

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Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 25, 2024

Yes, many of the actions you described, such as identity theft, financial abuse, and tax fraud, can be considered forms of white-collar crime. These crimes typically involve deceit, manipulation, and exploitation for financial gain, often perpetrated by individuals in positions of trust or... View More

Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?

My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:

- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.

-...
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2 Answers | Asked in Criminal Law, Divorce, Appeals / Appellate Law, Domestic Violence and Family Law for New Jersey on
Q: I just received a notice that a complaint was filed against me but the court date already passed, what do i do?

I just received a letter from the court that a complaint was filed against me (by my US citizen husband, I am European), the letter was delivered to my address in Europe today, but the letter states failure to appear notice and it has a courte date for last week. It arrived after the court date and... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 1, 2024

I suggest you call the court and tell them what you have told us, they may remove any failure to appear or warrant that may have issued due to this fact, on the other hand they may not it depends on how much time they gave for mailing and other factors. That being said even if your successful and... View More

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1 Answer | Asked in Civil Litigation and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would offer a cash settlement. Not married. Legal?
Teresa L. Reichek
Teresa L. Reichek
answered on Jan 28, 2024

Absolutely not. You should consult an experienced family law or criminal defense attorney immediately.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would agree to cash settlement. Is that legal?

The judge said you can't talk to him you would need to get a lawyer to work that out. This doesn't seem legal to me.

Leonard R. Boyer
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answered on Jan 27, 2024

Realistically it does not seem appropriate. This is all the more reason not to drop the TRO. Presumably, there will be a divorce (if you are married). In 39 years of practice representing both Plaintiffs and Defendants, I have never made or seen any other attorney make a monetary offer to drop a... View More

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: Someone said they're going to go to cops with fake threats of theft and abuse

Someone I know has said they're going to lie to the cops about me stealing stuff then lie about me hurting them is there a way to prevent this before she does

Richard Diamond
Richard Diamond
answered on Jan 4, 2024

Best advice is to stay as far away as possible from this person now and forever. If you go to the police and make a report as to the threat, then the police will probably reach out to this person, who may or may not have planned to contact the police. As a result of being contacted, this person may... View More

1 Answer | Asked in Family Law, Divorce and Domestic Violence for New Jersey on
Q: Can an incident from a dismissed TRO appear on a new TRO?

My GF and I had a fight and she requested a TRO. The triggering incident was that we saw each other in a yoga class and she concluded I had followed her there, although I go to yoga at the same location. She withdrew the TRO and when I attempted to talk to her again she filed for a new TRO. At the... View More

Richard Diamond
Richard Diamond
answered on Dec 27, 2023

Defending against a domestic violence complaint is not a simple task and the information in the complaint is designed to educate you as to the scope of testimony she plans to present. If she did not include any information as to the prior yoga incident, then she could not testify as to it at trial... View More

1 Answer | Asked in Domestic Violence for New Jersey on
Q: mother inlaw medical form she filled out it states that she falls alot can I use this for defense she says I pushed her

I found it in bag with everyone's papers

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 11, 2023

You could use it if it is allowed into evidence, the question is do you know how to get a document into evidence in the corut room?

1 Answer | Asked in Child Support, Domestic Violence and Family Law for New Jersey on
Q: If there was neglect and wrongdoing in a IV-D Enforcement case what r the parents rights since a judgment wasn't paid

The responding state intentionally hid two very large judgements, then satisfied them with no reciept of Satisfaction, then night automatic closure was to begin, so not to be found by the system, along with never registering them credit agency and much more. The initiating state required no... View More

James L. Arrasmith
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answered on Nov 24, 2023

In New Jersey, if there has been neglect or wrongdoing in handling a IV-D Enforcement case related to child support, it's important to understand your rights and the potential remedies available. IV-D cases, part of the federal child support program, are subject to both state and federal... View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17

Greetings,

I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More

Leonard R. Boyer
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answered on Nov 15, 2023

The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More

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

Richard Diamond
Richard Diamond
answered on Oct 11, 2023

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... View More

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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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