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New Jersey Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for New Jersey on
Q: In NJ if a judge adjourns 60 days to get anger management. But I only need 4 hrs. Can my case be seen sooner?
Leonard R. Boyer
Leonard R. Boyer answered on Apr 6, 2021

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.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hi, is there any lawyer who speaks Turkish around Cliffside Park, NJ. I need a lawyer who knows domestic violence

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 »

James A. Abate
James A. Abate answered on Apr 3, 2021

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.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Hello. I have a civil restraining order with my ex husband and he is not following it and I would like to make changes t
Richard Diamond
Richard Diamond answered on Mar 29, 2021

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 »

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can civil restraints be used to prevent someone from being able to purchase firearms?

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 »

Richard Diamond
Richard Diamond answered on Mar 15, 2021

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 »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Can you get custody of a child if the father has assaulted the mother but not the child in the state of New Jersey?

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 »

Bari Weinberger
Bari Weinberger answered on Feb 3, 2021

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 »

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2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I am seeking legal council regarding a complaint filed against me for child abuse which involves vawa act application

My ex is seeking a green card through filing a child abuse case against me. I am seeking legal counseling

Richard Diamond
Richard Diamond answered on Jan 27, 2021

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 »

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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: can someone please provide me with recent case of J.N. v. S.B. in regard to vacating a restraining order

or refer me to where I can find it. I need to have a restraining order lifted for work

Leonard R. Boyer
Leonard R. Boyer answered on Dec 18, 2020

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 »

2 Answers | Asked in Domestic Violence for New Jersey on
Q: I am a woman in NJ. I had a FRO entered by default by someone who sexually assaulted me when I was a minor.

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 »

James A. Abate
James A. Abate answered on Dec 8, 2020

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 »

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4 Answers | Asked in Domestic Violence for New Jersey on
Q: I am charged with 2nd ag assault. I have a restraining order given to me in prison. The hearing date was 10/5.

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.

James A. Abate
James A. Abate answered on Nov 17, 2020

Most likely yes. A TRO stays in effect unless it is dismissed or amended to an FRO.

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: Is it true if a simple assault happens with a minor child present it is an aggravated assault?
Richard Diamond
Richard Diamond answered on Nov 5, 2020

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 »

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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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