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New Jersey Domestic Violence Questions & Answers

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for New Jersey on

Q: I was assaulted in on Friday August 2nd I have the police report and it's put the nature of the call was a disorderly p

On the paper says that the additional offense POLI police information judicial status zdbr I am lost at what is going on.

H. Scott Aalsberg Esq. answered on Aug 7, 2019

This is information for the police and court, don't worry about it just go to court when you get a notice to attend.

1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on

Q: My ex GF gave her middle name instead of her first name in a police report. Is that a crime?

She showed me a knives in a verbal fight and threat me to call the police. I grabbed her hands and took the knives then she started to attacked me. when I was trying to dial the police number she runs out of the house yelling to call the police because I was hitting her. My t shirt was ripe, and I... Read more »

H. Scott Aalsberg Esq. answered on Jul 14, 2019

Yes it is a crime to give a police officer any law enforcement officer your incorrect name she should have given her first middle and last name not just her middle and last to make it like she is a different person. that being said if you were charged with a crime her being charged with one also... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on

Q: How can I prove in court messages from an unknown person on a fake account should not be allowed as evidence in a civil

Case

Leonard R. Boyer answered on Mar 28, 2019

Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. You need to retain an... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on

Q: where can i find the statue that tells me what domestic violence issues must be reported by institutions in NJ

H. Scott Aalsberg Esq. answered on Mar 4, 2019

It could be either be in the New Jersey statutes or the New Jersey administrative code

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

Q: Hi my ex wife put a restraining order out on me she lied on the paperwork what can i do

She trying to ruin me I need help

Leonard R. Boyer answered on Feb 12, 2019

You need to retain an experienced matrimonial attorney, with extensive domestic violence trial experience to help you and represent you in this case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on

Q: How to get a domestic violence charge thrown out if the victim is willing to drop the charges?

Leonard R. Boyer answered on Feb 3, 2019

You need to each retain an experienced matrimonial attorney, with extensive domestic violence trial experience to handle this matter, otherwise there is no telling what could happen and it still may not end well without counsel. Do not let geographic restrictions get in the way of retaining the... Read more »

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1 Answer | Asked in Domestic Violence for New Jersey on

Q: How do I take back charges I made?

H. Scott Aalsberg Esq. answered on Dec 7, 2018

The answer depends on who signed the complaint, if the police you can't do anything but ask the prosecutor and he may or may not listen, best way is to hire a lawyer if that is the case.

1 Answer | Asked in Domestic Violence for New Jersey on

Q: If my son was arrested for dv can I still see my grandkids or can the Mom say no.

Leonard R. Boyer answered on Nov 23, 2018

Trying to represent yourself in any legal proceeding, especially a domestic violence matter is unwise, to put it charitably. You need an in-person consultation with an experienced matrimonial attorney who has extensive domestic violence trial experience. A conviction for a Final Restraining Order... Read more »

2 Answers | Asked in Domestic Violence for New Jersey on

Q: Do I have to be actually related to someone to file domestic violence charges against someone?

H. Scott Aalsberg Esq. answered on Nov 9, 2018

No you could have a dating relationship with the person and that would be enough for a restraining order.

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3 Answers | Asked in Domestic Violence for New Jersey on

Q: How long do we have to press charges?

H. Scott Aalsberg Esq. answered on Oct 26, 2018

The answer depends on the offense committed.

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1 Answer | Asked in Domestic Violence for New Jersey on

Q: My husband used to hit me 10 years ago and I never reported it.

Now I want a divorce. Will his violent past help my custody case even though it was never reported?

Bari Weinberger answered on Oct 19, 2018

Thank you for your question.

If this behavior persist and it has never been addressed, it could impact custody aspects of a divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns and ensure you understand your...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for New Jersey on

Q: I am going through some serious post-divorce issues & was looking for assistance in my case. I was a DV/Cptsd case

Hello 

I am going through some post-divorce issues & was looking for assistance in my case. 

Thank you

Leonard R. Boyer answered on Sep 27, 2018

Some matters can be resolved by post Judgment motions, other issues require more than motions. You need to retain an experienced matrimonial attorney and have an in person consultation. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on

Q: What happens to someone if you’ve recently filed a domestic dispute but haven’t gone to court and you call again a month

What happens to someone if you’ve recently filed a domestic dispute but haven’t gone to court and you call again a month later for another dispute. Will they serve jail time? Even if you choose to drop it?

H. Scott Aalsberg Esq. answered on Sep 19, 2018

Maybe we would need to know all the facts of the case and what the person did to get the charges, and new violation, to properly answer your question.

2 Answers | Asked in Domestic Violence for New Jersey on

Q: What will the state do to our children if I file a domestic violence charge against my husband?

H. Scott Aalsberg Esq. answered on Aug 30, 2018

You will probably get to keep the kids at least temporarily, but that can be up to the cops if they want to call the division of child protective services if they feel that you should not have the kids.

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3 Answers | Asked in Domestic Violence for New Jersey on

Q: How do you prove non-physical domestic violence in New Jersey?

Leonard R. Boyer answered on Aug 14, 2018

You prove it through testimony and evidence.

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1 Answer | Asked in Domestic Violence for New Jersey on

Q: Does an employer have to give domestic violence victims time off work?

Leonard R. Boyer answered on Aug 3, 2018

Yes they are required to do so by statute. The New Jersey Security and Financial Empowerment Act “NJ SAFE Act” is a job protection statute that provides 20 days of protected unpaid leave for an employee who is the victim of domestic violence or sexual assault, or, whose child, parent, spouse,... Read more »

2 Answers | Asked in Domestic Violence for New Jersey on

Q: Is a conviction for a Contempt - Violate DV Restraining Order 2C 29 9B(2) a felony?

H. Scott Aalsberg Esq. answered on Aug 3, 2018

IN general a violation of a restraining order could be a 4th degree crime which is equivalent to a felony in most states. It is punishable by up to 18 months in jail.

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1 Answer | Asked in Domestic Violence for New Jersey on

Q: How long does it take to get a restraining order? My ex is giving me anxiety.

H. Scott Aalsberg Esq. answered on Jul 17, 2018

Generally the same day, but giving you anxiety is not enough to get a restraining order.

2 Answers | Asked in Domestic Violence and Traffic Tickets for New Jersey on

Q: My husband has 5 warrants for his arrest 3 are light rail tickets, possession of Narcotics, domestic violence

My husband has 5 warrants for his arrest 3 of them are light rail tickets, one is possession of Narcotics, and the last one is domestic violence which is Assault with a deadly weapon, and sexual assault are the charges for the domestic violence . The domestic violence one I dropped the charges but... Read more »

Leon Matchin answered on Jul 6, 2018

Depends on the underlying charge for the domestic violence, is it stalking assault harassment etc..? All carry possibility of jail but some more serious than others.

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1 Answer | Asked in Domestic Violence for New Jersey on

Q: Is there a minimum sentence for someone convicted of domestic violence?

Leonard R. Boyer answered on Jun 26, 2018

Domestic Violence is a "Family law" offense and cases are handled in Superior Court, Chancery Division. A final restraining order, (FRO) when violated has criminal consequences. The sentence will be determined by the Crime. To obtain any restraining order, you need to retain an experienced... Read more »

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