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New Jersey Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can I report a case of domestic violence a week later or more?

I haven't reported anything, but I'm considering since I am pregnant.

I want my baby safe and I don't want in the future he would want to get custody.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 26, 2020

Yes you can still report the act of domestic violence even a week later

3 Answers | Asked in Domestic Violence for New Jersey on
Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

James A. Abate
James A. Abate answered on Sep 15, 2020

More information is required. Depends on if it was domestic violence related, aggravated assault or simple assault charged as a indictable offense. Your record also factors. Yes you could face jail and max fine for aggravated assault is $15K. Be wise and retain an attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Does handwriting analysis be used a burden of proof evidence in a domestic violence hearing?

I was served with a temporary restraining order, but my ex claims someone is sending her anonymous letters, it says in the (TPO) she thinks its me because the handwriting is similar, that all she has on the Temporary order, is that enough evidence for a final restraining order?

Richard Diamond
Richard Diamond answered on Sep 11, 2020

This is a case where you need to sit down with an experienced family law attorney to review each of the allegations advanced against you in your ex's domestic violence complaint to determine what proofs are needed to respond to the claims / testimony needed and how best to present that... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: Can per b chargd ter thrtsgo to Sup Court and has a domestic violence charge and a t r o dismissed against them by judge

State decided to pick up the terroristic threat charges what happens

Richard Diamond
Richard Diamond answered on Sep 2, 2020

If your question is whether a person can be charged with domestic violence and have a TRO entered against them, go before a superior court judge on the charges and have the court dismiss the charges - the answer is yes. A judge can take testimony from the parties and determine that the allegations... Read more »

2 Answers | Asked in Family Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How does the judicial system accommodate for, and assist spouses to move forward in resolving marital financial abuse?

What legal recommendations is there for a 34 yr marriage where the wife has worked PT while raising the children and being a homemaker, who is ready to retire, as children have moved out of the house. The husband has been angry and given the wife the silent treatment for 6 yrs. He pays rent, taxes,... Read more »

Andrew M Shaw
Andrew M Shaw answered on Aug 21, 2020

Thank you for posting this question. Marital financial abuse is a very serious issue, but the Courts do provide methods by which it can be addressed. While the Court cannot compel marital counseling, it can certainly grant a Judgment of Divorce that respects and acknowledges your rights (and your... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: How long does a temporary refrain from order lasts?

My ex girlfriend (children's mother) assaulted me and was given a temporary refrain from order by criminal city court. We have two children together.

She was just served 4 days ago. Honestly, I want her off that order, its divided her from our children.

I forgive her for her... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 13, 2020

It lasts until either the court issues a final order or dismisses the case. Thus you will have to wait until your day in court. I suggest she hires a lawyer to give her the best chance of a dismissal.

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2 Answers | Asked in Divorce, Immigration Law, Civil Litigation and Domestic Violence for New Jersey on
Q: How do I find an attorney in New Jersey when I'm not sure which type to look for as my issue overlaps specialties?

I have an issue that involves divorce with domestic violence and abuse. I would like to file a civil suit against my spouse for the abuse and for emotional distress and the therapy that I will need due to the abuse. An immigration issue is involved as well. How do I figure out the best attorney and... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 8, 2020

A lawyer would really need to hear all your issues to determine the answer to your question. Second you may need more than one attorney, but its best again that the attorney recommend someone he knows so that they can work well together. It all starts with a phone call so start calling around.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: My ex girlfriend keeps filling temporary restraining orders against me I have no contact with her and haven't seen her.

She lives in NYC I live in NJ. I haven't seen her in 9 months.

Leonard R. Boyer
Leonard R. Boyer answered on Jul 2, 2020

You are going to need to retain a NY matrimonial attorney, with extensive domestic violence trial experience, if these complaints are filed in NY, but if they are being filed in NJ, then you need a NJ attorney. Your question has omitted a significant amount of facts, which would be necessary to... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: I currently have a dv restraining order against me by default from 2015. Missed court. Can this be vacated?

I currently work with the public.. Can my job let me go because of this?

Richard Diamond
Richard Diamond answered on Jun 26, 2020

A domestic violence final restraining order was entered against you 5 years ago by default since you failed to appear at the hearing and you want to know if you can now move before the court to set it aside and have a trial on the merits of the claims. The answer is that it is possible, but it will... Read more »

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3 Answers | Asked in Domestic Violence for New Jersey on
Q: How do I know if I’ve been charged with a crime during Covid

My boyfriend and I had an incident last week where the police were called. I received a victim notification form but did not ask for a restraining order, we do not want anything to come from this incident. He did not receive any paperwork himself was not detained or arrested, does this mean he was... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 5, 2020

Generally most people are charged at the scene. However more and more many people are receiving a criminal complaint by mail and this can take 1 to 5 years before the statute of limitations would run. If you get a complaint in the mail immediately hire a good criminal lawyer

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2 Answers | Asked in Domestic Violence and Landlord - Tenant for New Jersey on
Q: How can I legally get my ex to move out of my apartment if he's been here for 5 months?

He is refusing to leave and it's getting pretty violent and it's not a peaceful household. He's been living here since November 1st, paying half of the rent. He did not pay for the month of May yet.

James A. Abate
James A. Abate answered on Apr 22, 2020

While there is a moratorium on evictions, it sounds like there is domestic violence potentially at play. You may be able to obtain a temporary restraining order which would require his removal at least temporarily.

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2 Answers | Asked in Domestic Violence, Family Law and Federal Crimes for New Jersey on
Q: If a minor being verbally abused by a parent goes kinda insane and physically attacks them, what are the charges?

Details: The parent constantly emotionally/verbally abuses not only their mother but the child themselves and then one day has had enough , goes a little insane and then physically attacks the parent with an item that could be considered a weapon. If this were to happen, what are the consequences... Read more »

Richard Diamond
Richard Diamond answered on Apr 6, 2020

The answer is that it is time to get counseling for yourself so that you can help deal more constructively with the stress of a parent doing or saying things that upset you to the point of wanting to react with violence. Every parent says / does things that can piss off their children but I dont... Read more »

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2 Answers | Asked in Child Custody, Family Law and Domestic Violence for New Jersey on
Q: I have a question concerning harassment from non-custodial parent

He has contacted DCPP 34 times making false allegations. He continues to contact my son son's therapist saying he forbid him from seeing her for the reasons of it being a "conflict of interest" where there is none. The real reason is shes Hispanic and he's a racist. He continues... Read more »

James A. Abate
James A. Abate answered on Apr 4, 2020

It can constitute harassment and a retraining order if well documented. It is difficult to make such a case, but there is case law permitting it. It is not favored by police for obvious reasons (we want people to report crimes). To have any reasonable chance you would be wise to consult with an... Read more »

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2 Answers | Asked in Domestic Violence, Divorce and Immigration Law for New Jersey on
Q: I am a foreigner who married to a US Citizen,a 2 yr conditional GC holder. Domestic violence victim,what are my rights?

I have already a protection order against him and He filed already a divorce and we have pre-nuptial agreement. As a 2 years greencard holder(he took my greencard)what will be the best way to do?he said that he return the card to USCIS,is that possible? What is my right as his wife? Is he still... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Mar 21, 2020

Retain a legal aid free attorney to file a VAWA petition. Inquire at the women’s shelter.

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: I filed a tro against my boyfriend but I still calls him over and now he wanted for a warrant violation of restraining
James A. Abate
James A. Abate answered on Mar 18, 2020

I am assuming you are saying that you have a TRO and he still calls and now is wanted for a violation. I am not sure what your question is.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: how could i get arrested for simple assault when there is no evidence of any violence

how could i get arrested for simple assault and a case versus the state when there is no physical evidence of any violence committed or potential threatening violence/harm, and the “victim” specifically says they aren't a victim of anything to the cop repeatedly. Also, the cops proceeded... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 2, 2020

It doesn't sound like it was proper however we would need to see the police report in regards to this matter to tell you whether it was proper or not

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: I violated my restraining order

This is the first time I violated. I was messaged from an account that didn’t identify him as himself. Once I realized it was him we argued and then he called the cops. I have a summons for court on April. Should I expect jail time?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 1, 2020

You could certainly get jail up to 18 months in general, but a good lawyer should be able to help you stay out of jail, especially if this is a first offense. Set up one of the free in office consultations that most of us criminal lawyers offer.

2 Answers | Asked in Domestic Violence for New Jersey on
Q: What should i look forward to for violating my restraining order fir the first time? What are the penalties?

I wasn’t arrested on the spot. A sheriff called and told me I had a summons for a date in April. Could I get arrested or let off with a warning?

James A. Abate
James A. Abate answered on Mar 1, 2020

If a charge has been issued then you have been “arrested”. Fortunately you are being processed on summons and not warrant which would require processing at the jail. You are facing a matter which on first offense could possibly lead to probation but the criminal record is a problem plus it... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: My son just got a Arrested for Domestic violence 1st charge for his son mom he in the camden county jail as i speak

He go to court tomorrow what can i do will he come home in a OR i need answer i need a lawyer

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 17, 2020

A lawyer can definitely help him, but you need to take the first step and hire one of us to defend him. If you cannot afford a lawyer a public defender will be appointed for him, but don't expect them to give any priority to his case as most are snowed in with cases.

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1 Answer | Asked in Domestic Violence and Divorce for New Jersey on
Q: I moved out over a year ago, kids are with me, I have a restraining order against him. Is he entitled to any of my money

I have supported myself and our kids the past year. Is any money I make and get back from tax returns considered marital assets?

Leonard R. Boyer
Leonard R. Boyer answered on Feb 14, 2020

You are asking for an answer to a question, that is in effect in a vacuum. You really need to retain an experienced matrimonial attorney and file for divorce. NJ has no such thing as legal separation.

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