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New Jersey Domestic Violence Questions & Answers
2 Answers | Asked in Child Custody, Domestic Violence and Family Law for New Jersey on
Q: Greetings, I filed a restraining order on the father of my child who we have a dv history since 2012 to 17

Greetings,

I filed a restraining order on the father of my child who we have a dv history since 2012 to 17 At the present time my daughter is residing with defendant temporary from court. In bergen county nj. The restraining order is in full affect still and judge told defendant that he can... View More

Leonard R. Boyer
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answered on Nov 15, 2023

The only way to resolve this matter is to retain an experienced matrimonial attorney who has extensive domestic violence trial experience. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is ranked on... View More

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have an FRO with my ex-bf. He keeps calling DCP&P on me w false allegations. Is this a violation of the FRO?
Michael Andrew Conte
Michael Andrew Conte
answered on Aug 30, 2024

It could be, but like any other alleged domestic violence case - it is highly dependent on the facts of your case. You should consult with a qualified family law attorney who handles domestic violence cases to better assess the situation and/or discuss the situation with the police.

1 Answer | Asked in Family Law, Criminal Law and Domestic Violence for New Jersey on
Q: Can I get a 23 year old domestic off my record from Camden county New Jersey?
Leonard R. Boyer
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answered on Jul 17, 2024

What it appears that you are talking about is removing a Final Domestic Violence Restraining Order. That can be done by what is known is a Carfango Motion. A Carfagno motion is required to do this. The requirements are listed below. Final Restraining Orders can be lifted one of two ways – either... View More

3 Answers | Asked in Domestic Violence for New Jersey on
Q: After getting restraining order . State charged defendant . What is it I’m there at court for ?

She has lawyer , she has been in trouble many times with law . She is well known n I have never dealt with this n don’t know what will happen or if I need to be prepared for anything more than to explain what happened

Michael Andrew Conte
Michael Andrew Conte
answered on Feb 12, 2024

You are there as a witness/victim. You should ask any questions and express any concerns to the prosecutor.

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1 Answer | Asked in Civil Litigation and Domestic Violence for New Jersey on
Q: DV TRO hearing the plaintiff said they drop the TRO if the defendant would offer a cash settlement. Not married. Legal?
Teresa L. Reichek
Teresa L. Reichek
answered on Jan 28, 2024

Absolutely not. You should consult an experienced family law or criminal defense attorney immediately.

1 Answer | Asked in Domestic Violence for New Jersey on
Q: mother inlaw medical form she filled out it states that she falls alot can I use this for defense she says I pushed her

I found it in bag with everyone's papers

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 11, 2023

You could use it if it is allowed into evidence, the question is do you know how to get a document into evidence in the corut room?

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Can I get a restraining order in New Jersey if I live at inlaws with minor who his uncle visits mom but hit son

Son was hit

Richard Diamond
Richard Diamond
answered on Oct 11, 2023

I would start off by filing a criminal complaint of assault with the local police department, in the town where the incident occurred against the uncle who struck your son. While you are at the police department, you can inquire as to whether you can file a domestic violence complaint as well as a... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for New Jersey on
Q: I pleaded out to up to 90 days and probation for restraining arrest and invitation of prissy what do you think will happ
T. Augustus Claus
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answered on Aug 24, 2023

In New Jersey, if you have pleaded out to a sentence of up to 90 days in jail and probation for charges of resisting arrest and obstruction of justice, the exact outcome can depend on various factors including your prior criminal history, the circumstances of the case, and the discretion of the... View More

3 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: I currently have a restraining order on the father of my 2 kids. He also plead guilty to a stalking 3rd degree felony.

There was previously a no contact which we thought would go away after his probation ended but it did not. I had to call the police for an incident that occurred and he took a plea deal by accepting a stalking 3rd degree felony charge and along with it the judge gave a permanent no stalking order.... View More

Richard Diamond
Richard Diamond
answered on Jul 18, 2023

I don’t mean to be rude, but:

1. You currently have a domestic violence final restraining order in place against the father of your 2 kids.

2. You also filed a criminal stalking charge against him after the entry of the final restraining order, resulting in him pleading guilty to...
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2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: My wife of 5 years recently moved back into my home. It is been 3 weeks. She filed a tro against me after a discussion.

I have a special needs son who lives there. She has a daughter there. What happens to me?

Leonard R. Boyer
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answered on Jul 3, 2023

You have to retain an experienced matrimonial attorney with extensive domestic violence trial experience to protect your interests in this matter. Your question cannot be answered in this forum with such limited information. Pick the best attorney you can find and remember one rule: a good... View More

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1 Answer | Asked in Domestic Violence and Family Law for New Jersey on
Q: Can I become a paralegal and then a lawyer with my background? I have a motor vehicle conviction and domestic violence

I had a 2005 DUI in New Jersey which was a traffic crime. It is only on my driving record but in 2021 I had 2 restraining orders 1 from my ex girlfriend in California court which was for 14 months and is now over and a permanent restraining order issued against me in New Jersey near the same time.... View More

Richard Diamond
Richard Diamond
answered on Jun 25, 2023

You need to talk with a lawyer who specializes in attorney ethics matters. Under our rules, if a lawyer is found guilty of domestic violence, it must be reported to the state ethics department. If the claim involved assault, a lawyer can be suspended from the practice or disbarred so I would... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Domestic Violence for New Jersey on
Q: Can I sue the police department for failing to protect my rights?

As of July of 2022, I was granted an FRO from a Bergen County judge against my ex. This past Friday, my ex went to the Little Ferry precinct and showed officers a fake text from the judge stating that the FRO was lifted and he was allowed back into my home. They believed him and allowed him to come... View More

Richard Diamond
Richard Diamond
answered on May 1, 2023

I would contact the domestic violence office for the county courthouse where you obtained the restraining order and ask if you can file an application with the court for a violation of the restraining order and when they say that you should report it to the local police, tell them that you want to... View More

1 Answer | Asked in Domestic Violence, Landlord - Tenant, Legal Malpractice and Sexual Harassment for New Jersey on
Q: I have been charged my the apartments attorney (no0police involved) of NJSA:18-61.1(b), and 2A:18-61.1(d) and NJSA:18-6.

I am severely disabled, I am 5’3”, 90 lbs, broke my spine on their porch, I am getting attacked by 3 grown muscle men and I am scared, frightened. And all the other lies have no basis nor was I allowed to give my side of the events. They basically have it so i can only breathe in here. Please help

Morris Leo Greb
Morris Leo Greb
answered on Mar 29, 2023

It appears from reading your question that seeking advice from an attorney that pracrices criminal law would be more appropriate. It does not seem to be a matter that mainly involves a tenancy problem.

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: What am I entitled to under the Domestic Violence laws?

I don't know the DV laws very well. I am aware of restraining orders and possible monetary reparations. Is there anything else I can do?

Leonard R. Boyer
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answered on Mar 24, 2023

Domestic Violence restraining orders are life altering. Having a Final Restraining Order entered against you prevents you from being able to have a normal life. If you are seeking to have a restraining order entered against you or have to defending against one then you need to retain the best... View More

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1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: I have endured extensive DV from my husband. I don't know what I'm entitled to under the DV laws.

There have been multiple incidents of physical, emotional, & financial abuse over the past few years. My divorce lawyer is already filing a Tevis claim. Unfortunately, husband has a knack for making the police believe it was my fault. I've been arrested 3 times and spent 2 days, 18 hours... View More

Leonard R. Boyer
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answered on Mar 24, 2023

Since you are represented by counsel, you need to direct all your questions to your attorney. It is not appropriate for any of us to answer when you are represented by counsel. Good luck.

1 Answer | Asked in Family Law and Domestic Violence for New Jersey on
Q: Will I be contacted by the Prosecutor to discuss being a witness in an assault charge I filed against my husband?

My husband is the defendant and now I've been told, I would be a witness in this case. Will the prosecutor's office contact me to go over my testimony or should I contact them?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 24, 2023

Generally the prosecutor will contact you, but lots of time they don't contact you until the day of court. They don't really go over you testimony with you, but do ask some questions if they are interested in pursing the case. For that you may want your own private lawyer.

2 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: If I'm the plaintiff in a Domestic Violence case (simple assault charges,) should I get a lawyer to represent me?

My husband and I have cross-TROs against each other for an incident that occurred on Feb. 17. We now have cross-simple assault charges as well. I have a lawyer for the TRO and simple assault charge where I'm the defendant. Should I secure counsel for the simple assault case where I am the... View More

Michael Andrew Conte
Michael Andrew Conte
answered on Mar 24, 2023

On the simple assault case that is a criminal matter against your husband, you are not the plaintiff. Criminal matters are between the State and defendants, so the matter should be entitled: The State of New Jersey v. Your Husband. Those matters are prosecuted by state prosecutors. You will be a... View More

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2 Answers | Asked in Domestic Violence, Family Law, Federal Crimes and Personal Injury for New Jersey on
Q: What recourse do I have because my partner has been financially, emotionally and psychologically abusing me for six year

He convinced me to sell my house in brooklyn and now the money is gone and I owe the IRS. He makes me feel worthless and blames me for everything, I am severely depressed and have anxiety disorder because of all this. I feel like I can't do anything.

Leonard R. Boyer
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answered on Mar 22, 2023

You really need to retain an experienced matrimonial attorney with extensive domestic violence trial experience to obtain a Final Restraining Order against him. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best... View More

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2 Answers | Asked in Domestic Violence and Personal Injury for New Jersey on
Q: Could you file a suit against your homeowners insurance for domestic violence/injurY/PTSD, endured while living in home?
Peter J. Weinman
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answered on Mar 22, 2023

It's unlikely your homeowner's insurance would cover you for the results of the intentional acts of others, including what you suffered at home. You should contact your health insurance provider to cover expenses related to your injuries and any follow-up treatments and/or ongoing... View More

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for New Jersey on
Q: Plaintiff threatening criminal charges for defendant violating a TRO -if defendant does not sign civil restraint

Is this considered coercion? How to vacate civil restraints without plaintiff agreement?

Leonard R. Boyer
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answered on Mar 3, 2023

You cannot easily vacate civil restraints. You would need to retain an experienced matrimonial attorney, with extensive domestic violence trial experienced and that attorney would have to show you meet the critieria of The seminal case setting forth the “good cause” standard in New Jersey is... View More

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