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New Jersey Domestic Violence Questions & Answers
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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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 20, 2022

Generally an arrest warrants issues for the offender and the police will start looking for him to arrest him.

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3 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: What happens after a contempt of a DV order is written on a report.
Richard Diamond
Richard Diamond answered on Apr 20, 2022

I am guessing that you have a domestic violence restraining order (temporary or permanent) and you reported a violation of that order to the local police, who took a report. Presuming that I am correct, the next step is for you to follow up with the local police to find out whether they... Read more »

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4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will someone who received a “contempt of a DV order and an updated report be arrested at anytime or will the judge wait

On 4/19 court was adjourned until 05/03. At night the defendant received a updated report stating that the def family member got in contact with the plaintiff, which the def did not know about until the report was sent by a lawyer of that court house. Therefore, it also states “contempt of a DV... Read more »

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

If you have been charged with violating the restraining order, the arrest is automatic and nearly instantaneous. If that occurs you will be well served to have a lawyer who deals with both Criminal/ and FRO hearings. The violation is criminal and can require jail and prohibition against owning... Read more »

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2 Answers | Asked in Domestic Violence for New Jersey on
Q: I had a domestic violence incident and I told the police that he chocked me which he didn’t.

The police said I would have to talk to the prosecutor when we go to court. I’m worried that my husband will go to jail.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 11, 2022

The best thing to do is to make sure both of you hire good lawyers to give him the best chance of getting the charges dismissed.

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1 Answer | Asked in Domestic Violence for New Jersey on
Q: Hello. I need to file a domestic violence charge against my friend on Thursday. He beat me up.

I need a domestic violence prosecuter not domestic lawyer

Richard Diamond
Richard Diamond answered on Feb 28, 2022

For domestic violence complaint purposes, It is not uncommon for the person filing the domestic violence complaint to have a lawyer represent her in connection with the preparation of the complaint and to represent her in connection with the trial. Our office handles that type of setting on a... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for New Jersey on
Q: My ex boyfriend has completely blocked me of all communication with my daughter for one year.

I have reached out to him every single weekend for one year in hopes of solving this dispute amicably, but to no avail. He has also ignored all messages and calls from my family as well. There is no court order in place to keep me from seeing her but he is concealing her. He has bow hired his own... Read more »

Bari Weinberger
Bari Weinberger answered on Mar 4, 2022

Thank you for your question. I’m sorry to hear you’re going through this. You should strongly consider filing an application with court to establish a parenting time schedule. If he has already filed an application for child support, then you should file a parenting time application under... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: ExGF put fake TRO to evict me with accusations that are her own actions and I have tons of solid proof I am the victim.

My exGF has Borderline Personality Disorder and is violent, damages property, throws objects, hits/shoves/suicidal. My ex-GF assaulted me on 08/22/2021 and 12/15/2021. 1st was dismissed at my request but open again due to the second charge. Before 12/15/2021 I was cut off financially after she... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 10, 2022

Your question is not one that is easily resolved. You really need to have an in person consultation with an experienced matrimonial attorney, who has extensive domestic violence trial experience. This could have grave consequences and should not be taken for granted. During this pandemic, you have... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a 16 year old move out of their house to live with their grandparents with consent of only one parent?

If a 16 year old's mom gives permission for them to move into their grandparents house, but their father doesn't, do they need both parents permission, or can they move out with only their moms permission.

Richard Diamond
Richard Diamond answered on Dec 9, 2021

As a parent, your question troubles me and the short answer is that there is no good answer to this question. I presume that you are having trouble with one or both of your parents and you are looking for space away from your current home setting. Presuming im correct, the 1st question is what the... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for New Jersey on
Q: Is a confession valid if my accuser coerced me into making it?

someone accusing me of sexual assault secretly recorded me and coerced me into making a confession for a crime I did not commit. He started screaming and me and threatening to report me to authorities. I feared for my safety so I just told him what he wanted me to say to get him to leave. Is this... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 23, 2021

The answer depends on many factors, but yes it may be able to be used against you. I suggest that you speak with a lawyer as we don't know all the details of your confession or case to properly advise you.

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I am an unemployed mom who's husband is now withholding his income, the household income, in an effort to

control me. Is this considered domestic abuse in NJ?

Richard Diamond
Richard Diamond answered on Sep 16, 2021

If your spouse is refusing to provide you will support, you can file an application with the court for interim support. You can file it pro se and the intake person at the family court intake office can give you the forms to fill out. Fill out the information and then file your application. He will... Read more »

1 Answer | Asked in Domestic Violence for New Jersey on
Q: If someone threatens to kill an unborn child and the mother of the child would that be a from of criminal coercion.

There is a active TRO on the father.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 14, 2021

At the minimum it is a criminal offence of harassment. Report this conduct to the police.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for New Jersey on
Q: If there are false charges made against me among claims that I haven’t done. Does the case get thrown away

It’s a domestic violence case against the state

James A. Abate
James A. Abate answered on Aug 2, 2021

People are convicted of things they did not do all the time. The trier of fact decides what are "facts" and what are "lies". In municipal or family court that is a judge. In Criminal Indictable cases that is a jury. So even though you think this is something you haven't... Read more »

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2 Answers | Asked in Child Custody and Domestic Violence for New Jersey on
Q: TRO violation (sent a harmless text) on a TRO gained on false pretenses

Prosecutor wants me to plea to 1 year probation, dna submission, mental and substance abuse evaluation, a fine, unable to bear arms or leave state during time of probation. My child’s father lied and was granted TRO giving him immediate temp custody of daughter. Before FRO hearing my child’s... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 4, 2021

Unfortunately, you get what you paid for. The simple fact is you had an TRO in place, and violated it. I realize this does seem like a harsh punishment, but no one here knows the facts of your case. I strongly suggest that you find the money one way or another for an experienced criminal defense... Read more »

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1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: In response to Morris Leo Greb, follow-up Question

Sending the certified letter you suggested would not violate the “no contact” directive of the restraining order? He won’t pay for removal, I’m sure, so can My sister take him to small claims court without violating no contact directive?

Q. When are personal effects considered... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 24, 2021

I was unaware of the "No Contact" order. So file a complaint in small claims for cost of removal. You can fo this pro se. Go to www.NJCourts.gov. The Claims Division may decide not to hear the matter as the appropriate Court would be the one that issued the 'No Contact' order... Read more »

2 Answers | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: When are personal effects considered abandoned in New Jersey? No lease in effect & housemate under a Perm RO for DV.

My sister in NJ allowed a disabled vet friend (at the time) to live in her house in exchange for help with upkeep of the premises, which he did not do as time passed. He gave her money towards his groceries. There was no written agreement and no lease.

Unknown to her at the time. he... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 23, 2021

I would just call a junk removal company and have it removed. There is apparently no way for you to find him, so why leave your house at risk?

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1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Municipal Law for New Jersey on
Q: i am a victim of terroristic threat. i would like to take action against however dont know how/where to start. direct me

hello, after reading 2C:12-3 - Terroristic threats

i realized that i am a victim of terroristic threat. i would like to take action against however don't know how or where to start. can you direct me please?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 21, 2021

If it is currently ongoing or recent you may want to call the police.

1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

5 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Falsely accused of domestic violence just so she can obtain custody of my kids can I hire an attorney need help
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Apr 28, 2021

Yes you can hire a lawyer. If your case is in family court hire a family lawyer, if your case is in municipal or criminal court I suggest hiring a good criminal lawyer.

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