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New Jersey Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: can child services investigation reports regarding my estranged wife and I be used by me as evidence in a criminal case

Can I use findings of her drug use and child neglect in the child services report to discredit her as a witness? She is shown as a person who abuses drugs and lies. She has also had 2 DUI in the last 3 months with my son in the car.

Richard Diamond
Richard Diamond
answered on Jan 19, 2023

If its a criminal matter and your estranged wife is being criminally charged, the matter is handled by a muni, county, or state prosecutor. You can tell the prosecutor what information you have, and he can decide whether he can use it.

If you are being criminally prosecuted and she is...
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1 Answer | Asked in Domestic Violence for New Jersey on
Q: I have a TRO against my child father he missed court and now our FRO has move. I’m thinking about doing a civil agreemen

Do I need an attorney to do civil agreements?

Richard Diamond
Richard Diamond
answered on Jan 16, 2023

Yes, you should have a lawyer knowledgeable with domestic violence matters prepare it.

Here are a few "basic" questions that an experienced lawyer handling domestic violence matters should address in the document:

Is it going to be a consent order or consent agreement...
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3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What can you do if a person files a false restraining order on you in New Jersey?

Once the word divorce came up she waited two weeks and as I'm working on our farm she tells me she is going to file a restraining order on me. That because I raised my voice in an argument she doesn't feel safe. When she filed she talked about a disagreement we had over 2 years ago and... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 12, 2023

What you really need to do is to retain an experienced matrimonial attorney to fight the Domestic Violence charges in Family Court. But, if there are any criminal charges filed (which are separate from the Family Court Proceeding for a Permanent Restraining Order) then you need a criminal defense... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: What happens to the over $160,000 in arrears that’s owed if I pass away?
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 7, 2022

The arrears will go to your heirs if you pass away and have a will or trust. But since you are alive, you really need to retain an experienced matrimonial attorney to go after the $160,000. It needs to be reduced to a Judgment and Docketed in Trenton as a statewide lien. Then an Information... Read more »

2 Answers | Asked in Domestic Violence for New Jersey on
Q: Why would a warrant for a domestic violence case be recalled the the person didn’t comply with the court order

It has been 2 years since the case he did not pay his fines or do the anger management that was court ordered and 2 years later nothing has yet to be done to him from the courts

Richard Diamond
Richard Diamond
answered on Nov 28, 2022

I don't know why a domestic violence restraining order's requirements are not being enforced by the court/probation department. My suggestion is that you sit down with a family law specialist, with experience handling domestic violence matters to review the terms of the court's... Read more »

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3 Answers | Asked in Domestic Violence, Criminal Law and Family Law for New Jersey on
Q: My xwife have field a complaine vs mother and a daughter cause they abused my daughter,what is the statutes or ordinanc

Court clerk asked her for a statutes or ordinance ???? What is it please.

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 30, 2022

The Clerk cannot expect you to know the statute, talk to a police officer or have one call the Garfield Municipal Court Judge and if it is appropriate ask for the issuance of a TRO, commonly known as a Temporary Domestic Violence Act restraining order. You are going to need a matrimonial attorney... Read more »

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1 Answer | Asked in Divorce, Real Estate Law, Domestic Violence and Libel & Slander for New Jersey on
Q: In New Jersey, if a two people buy a house together, how is the ownership divided if contributions were not equal?

In this scenario, the people in question got divorced before the house was purchased, however they lied on their bank application when getting the loan, and said they were still married.

Now the ex wife who has contributed only a portion of the initial downpayment and no mortgage payments... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 19, 2022

Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.

2 Answers | Asked in Domestic Violence, Family Law, Child Custody and Child Support for New Jersey on
Q: i have a question. i have a 6 year never been married my sons father keeps verbal abusing me what can i do ?

he verbal abuses me and belittles me and my prenting just makes my life a living hell.. i dont think i can file for restraining order because he hasnt hit me but he does raise his voice whenever we argue i just feel like my backs against the wall and no one can help me

Richard Diamond
Richard Diamond
answered on Oct 17, 2022

There are a lot of things that you can do to better handle the communications with your ex. The best way for you to handle things is to file an application with the court under the FD docket ( for unmarried people with children) for a modification of your custody and parenting time plan. You will... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: What can I do when my boyfriend of 10 yrs won’t leave my house?
Richard Diamond
Richard Diamond
answered on Oct 5, 2022

The first question is what has he said to you as to his reason for not leaving? If you and he have been living together for 10 years, has he paid or contributed to the monthly mortgage expense? Has he given you money on a regular basis over that period of time for expenses for the house? Have there... Read more »

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2 Answers | Asked in Domestic Violence and Libel & Slander for New Jersey on
Q: My ex is blackmailing me. He wants money & is threatening to contact my family & job to mess w/my life. What should I do
Leonard R. Boyer
Leonard R. Boyer
answered on Jul 29, 2022

Call the police and file a Temporary Restraining Order, which will put a stop to this, or if he violates it, then it is a criminal offense. Next you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to represent you. With modern technology, you can... Read more »

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: can u go back to prison if someone puts a temporary restraining order on u
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jul 17, 2022

The answer depends on the conditions of your probation. That being said if your restraining order came with a criminal charge which they commonly do then its a good chance you would be violating your conditions of probation. Now that i have said this only your attorney or you know your... Read more »

4 Answers | Asked in Divorce and Domestic Violence for New Jersey on
Q: What are my options if part of a Final Judgement of Divorce is dropping an FRO and it has not been done yet?

Part of our Term Sheet we both legally signed states she is not longer fearful and would volunatarily drop the FRO. Per the Final Judgement of Divorce, it states "This matter will be dismissed after this judgement is entered." However, during the final hearing the Judge stated that she... Read more »

William N. Sosis
William N. Sosis
answered on Jul 12, 2022

Not sure if you're suggesting that she changed her mind or simply forgot to drop the FRO. If it's the latter, try asking her (very, very nicely) if she could bring a copy of the Order to the DV unit, explain the situation, and request that the FRO be dismissed. She may still need to go... Read more »

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2 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Family Law for New Jersey on
Q: How to dismiss, etc. false allegations of spousal abuse & harassment? TRO dismissed now civil restraints, took daughter

Discovered wife was cheating, she went manic (untreated PTSD, etc.) with some sort of postpartum psychosis, made false allegations (domestic violence & harassment). TRO was dismissed but wife uncooperative under civil restraints, canceling visitations, firing supervisors, continuing to lie. I... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jul 3, 2022

Your question does not clearly state whether this matter is a MD or NJ matter. I cannot speak to MD law, but if this is a NJ matter, you would need to retain an experienced matrimonial attorney to file an enforcement motion for the civil restraints. In addition, especially if you are a public... Read more »

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: My husband was innocent but charged with domestic violence in NJ due to my emotions, ignorance, and cultural difference

My husband and I had arguments and he was trying to hug me from the back to calm me down. The police saw it and noticed there was a red mark on my arm. I was too emotional and didn't know what I said would cause legal consequences. So I said he did it. He was charged with domestic violence. In... Read more »

James A. Abate
James A. Abate
answered on Jun 20, 2022

He needs an attorney. When police observe signs of physical injury they must make an arrest. Your statement may be seen as the result of pressure from the husband. An attorney will know the correct way to pursue dismissal. Get him an attorney.

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife filed a restraining order with my address but she has not lived there in 2 months. How do I get back in myhouse

The house is in my name only

Richard Diamond
Richard Diamond
answered on Jun 9, 2022

You need to meet with a family law attorney experienced in handling domestic violence matters. In the complaint ( which presumably was served on you by the police), on page 1, it will have the allegations made by your wife to get the temporary restraining order and the dates for each item. I dont... Read more »

4 Answers | Asked in Divorce, Family Law and Domestic Violence for New Jersey on
Q: NJ Rev. Stat. $ 9:2-4. Please, can you help me find the nj laws against parental alienation?

My friend’s wife has filed for divorce and still lives with him. She doesn’t allow him access to the kids. She moved into the children’s bedroom three years ago. He feels he has no recourse to be able to spend more time with their children because he won’t argue in front of the kids but... Read more »

Richard Diamond
Richard Diamond
answered on May 31, 2022

Your friend needs to meet with a family law attorney immediately to discuss his claim of alienation and potentially, the lawyer will then schedule a meeting for him with a competent mental health expert to discuss her actions and determine what if anything can be done through the court system... Read more »

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I don't go to court and I was the one who filed will it be dropped or will I get in trouble of I don't show
Richard Diamond
Richard Diamond
answered on May 11, 2022

If you filed an application with the court for relief and now you want to dismiss/withdraw your application, you need to let the judge handling the issue know immediately so that they can remove it from the calendar. If you filed an application and your ex filed a cross-application, then even if... Read more »

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Family court domestic violence domestic abuse custody: is there a motion in it that can be filed in court

Is there a motion that can be filed in the family court that would allow a mother and three minor children that are currently in a domestic violence shelter to stay with family or friends temporarily in another state jurisdiction until custody and Court proceedings are decided by a judge?

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 24, 2022

The focus in a Domestic Violence Trial, for a Final Restraining Order is very narrow. If the Court decides that you are entitled to an FRO, then you could be entitled to full and exclusive possession of the former marital residence. You and your children do not have to be the ones to leave. So you... Read more »

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