Get free answers to your Domestic Violence legal questions from lawyers in your area.
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 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
answered on Apr 3, 2025
You have the right to proceed with claims through DCPP, criminal prosecution through the local / county prosecutor's office, and through the court system using New Jersey's child abuse statutes - 9:6-1 - 9:6-3 & 2C:24-4.
Given what occurred, you "may" also be able... 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
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
Since the other side has filed a domestic violence complaint against you as well the one you filed against him / her, your best option is finding an experienced family law attorney who has TRIAL EXPERIENCE representing people in domestic violence trials and who knows how to put together a trial... View More
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 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
It sounds like there may be 2 separate components to your inquiry.
The first is the domestic violence matter which will have a return date before a superior court judge. In the complaint ( several pages back), it will list the return date. If your fiancé wants to dismiss the dv complaint,... 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 want to know if a charge for simple assault related to domestic violence can be dropped.
answered on Mar 4, 2025
I'm guessing you / your partner was criminally charged with simple assault through the police department, AND there was a domestic violence complaint filed as well through the municipal court judge or superior court judge sitting in the family part.
If my understanding is correct as... View More
I want to know if a charge for simple assault related to domestic violence can be dropped.
answered on Mar 4, 2025
Yes it could be dropped if you have a lot of luck and a great lawyer. Domestic Violence charges are one of the five most prosecuted crimes in NJ to which prosecutors are laothe to drop let alone downgrade. Having done this line of work for over 30 years of course I have had many dropped but its... 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 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
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?
answered on Nov 21, 2024
The fact that the court system has told you that it does not have his application in the system (at this moment) does not mean that his application is a fake.
Presuming that he legitimately filed an application but failed to pay the filing fee or failed in any of a million other ways, the... 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
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
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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
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answered on May 31, 2024
Every situation is unique and must be determined on its own merits. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented... View More
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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