It is up to the Judge how much time in anger management you need. Are you represented by counsel? If not you need to retain an experienced matrimonial attorney with extensive domestic violence trial experience. If you do not, you are making a very serious mistake.
I am under threatened with eviction by my husband. He told me he will sell his house and throw out my belongings. Can he do this? He wants to divorce without alimony. I am a housewife, 49 ages and a gammy person now. I had a bicycle accident and my husband is a causator (obsolete). He is... Read more »
I am so sorry to hear you are going through this. You do need a lawyer. I would think someone in the Turkish community would be able to help find a lawyer who speaks the language. Otherwise you can use a translator. Best of luck.
Start off by writing him through email or text, telling him that you feel that he is not honoring the terms of the civil restraining order and that if he violates it again, you will be forced to file a new domestic violence complaint against him and you will use his ongoing violations of the civil... Read more »
I'm debating whether or not to drop a restraining order against an abusive spouse in favor of civil restraints, because an FRO could create financial strain on our whole family. One thing I'm concerned about is his ability to purchase firearms, however. He has been violent before, but... Read more »
If I were you, the only way that I would dismiss the protections provided to you under the domestic violence laws would be with the entry of a lengthy, detailed consent order ( not an agreement but a court order under a different docket number), which provided you specific protections, including... Read more »
I lived with my boyfriend and father of my youngest child until he recently hit me and threw a remote control at my older child’s face (child from a previous relationship). My ex boyfriend has assaulted me on multiple occasions, but has never hit our child. Do I have legal grounds to get custody... Read more »
Thank you for your question. In the event you believe you are a victim of domestic violence, I cannot stress the importance of contacting local law enforcement to ensure you address the issue and can obtain the appropriate protection. Regarding custody, it is unclear where the parties or the child... Read more »
My ex is seeking a green card through filing a child abuse case against me. I am seeking legal counseling
The Violence Against Women Reauthorization Act (VAWA) is a federal program that supports comprehensive, and cost-saving responses to domestic violence, sexual assault, dating violence, and stalking. VAWA gives states and communities tools to assist victims based on local and statewide needs and... Read more »
or refer me to where I can find it. I need to have a restraining order lifted for work
The Court in New Jersey does not "lift a restraining order" for someone to work. This case which appears to be an unpublished opinion by the Appellate Division affirmed the Trial Court Order, which denied removal of the restraining order. Statistically speaking the vast majority of... Read more »
This person was an older woman in ministry. Her and my former pastor had me arrested in 2015 and a FRO was entered by default because I didn't know I had a court date. I sued the church for the assault and just won. Also, I am a part of the ACP program for protection and will be moving out... Read more »
You will need to file a Cartifagio application. Typically I will tell people that the application is dead on arrival without consent of the plaintiff. However, the default status and the fact that you have a court that determined you were sexually assaulted could be enough to overcome that.... Read more »
That hearing didn't happen. On Nov 16 at 930 am I got an email that the hearing was that day at 9am.I understood that hearing not be more than 10 days from being issued. Is this tro still in effect. I'm in nj.
Most likely yes. A TRO stays in effect unless it is dismissed or amended to an FRO.
The filing of a criminal complaint against you for assault (simple or aggravated) in NJ can also result in the filing of a domestic violence complaint against you for assault ( simple or aggravated)
As to the term “assault”, it occurs when a person causes, or attempts to cause, bodily... Read 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.
Yes you can still report the act of domestic violence even a week later
This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?
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.
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?
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 »
State decided to pick up the terroristic threat charges what happens
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 »
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 »
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 »
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 »
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.
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 »
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.
She lives in NYC I live in NJ. I haven't seen her in 9 months.
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 »
I currently work with the public.. Can my job let me go because of this?
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 »
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 »
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
