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New Jersey Domestic Violence Questions & Answers
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 to... 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.

1 Answer | Asked in Employment Law and Domestic Violence for New Jersey on
Q: I was hired by center for family Services in Glassboro NJ and fired for a disqualifying conviction, why?

Aggravated Assault first degree Felony.

Leonard R. Boyer
Leonard R. Boyer answered on Jan 13, 2020

You committed a very serious violent crime. No employer is going to want to take the risks associated with your employment. You really need to take actions to prove that you have or are in the process of rehabilitating yourself.

2 Answers | Asked in Criminal Law and Domestic Violence for New Jersey on
Q: I'm facing felony charges for aggravated assult for an altercation I my was in with my current partner. He told the

Police, emt's, prosecutor that it was an accident and they still want to press charges. Lowest charge from a level 3 to level 2 felony. I have no arrest history or traffic violation, nor domestic violence charges. In the midst of all of this chaos, I lost my mom on Nov. 18th of last year right... Read more »

James A. Abate
James A. Abate answered on Jan 3, 2020

You need to retain a private criminal defense lawyer, particularly one who is experienced with domestic violence matters. Prosecutors are very reluctant to dismiss a DV case due to fear of being accused as soft on DV. A second degree charge involves a presumption of incarceration for 5+ years.... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: I have a TRO court hearing in attempts to finalize it tomorrow, Jan 2, 2020 in Sussex county. What happens in court

I have tried for 10 days to find pro bono representation, no success. The judge will be angry if I dont have a lawyer. Will I lose bc of this?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 1, 2020

If you are facing having a Final Restraining Order entered against you, realistically (especially if the other party has an attorney) trying to represent yourself will be a grave mistake! (Figuratively speaking). Since you obviously did not qualify for a Pro Bono attorney, you really need to ask... Read more »

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3 Answers | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: Should I speak up and ask for help at court or should I stay quiet & wait until he tries to hurt my daughter again?

I went to court to press charges against my daughter’s(5 months old) father because I found him molesting her. At court my sister told me that they will give my daughter to him, so I decided to leave but the court took my information and sent DCF to my house. DCF spoke to me and I told them what... Read more »

James A. Abate
James A. Abate answered on Dec 27, 2019

You should immediately contact the police.

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: My son has been arrested for domestic violence “Crime Mischief” and he’s a lawful permanent resident his first offense?

He’s been there on the county jail since oct 2nd, how long will case take ?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 16, 2019

Much more information would need to be known to answer your question.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Jersey on
Q: Can my daughter of 5 month old have supervised visitations with her dad?

Her dad molested her And I went to court (still fighting this, he denied it). He also was very abusive towards me during our time together, and I feel he will be abusive with my daughter too. He lives in an apartment that any one from his family go to when they don't have a place. So, I will not... Read more »

Bari Weinberger
Bari Weinberger answered on Dec 5, 2019

Thank you for your question. There are options available concerning supervised parenting time. The issue would ultimately be decided by a court, unless he agreed to it, wherein a judge would make a determination based upon the best interest of your child. Additional facts are necessary to better... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can I sue my brother for domestic violence?

I was assaulted yesterday by my brother and I had to have him arrested. He was charged with domestic violence because I had injuries that had to be taken care of. When I went to the hospital they glued the cuts in my ear and I had severe swelling. I also had a lump on my head which was all... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Sep 25, 2019

First of all you need to retain an experienced matrimonial attorney to represent you in seeking the Final Restraining Order, who has extensive trial experience. While it is true that social security is generally exempt from creditor's claims, if you also work with an experienced criminal defense... Read more »

2 Answers | Asked in Child Custody, Child Support and Domestic Violence for New Jersey on
Q: Is it okay to drop charges of domestic violence ? Will this affect me getting child support ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 27, 2019

Child support has nothing to do with a restraining order so no it should not affect it.

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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.
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.
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
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.
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
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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