Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New Jersey Questions & Answers
4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 28, 2024

Yes just call up the court speak with the judges law clerk or go online thru the courts JEDS system and request it in writing (always better) and depending on the judge and the court your in will determine how easy it will be to do this.

Different counties and different judges rules and...
View More

View More Answers

4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 31, 2024

Every situation is unique and must be determined on its own merits. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price. With modern technology, you can be represented... View More

View More Answers

4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Allison Kruk Ormond
Allison Kruk Ormond
answered on May 28, 2024

Thank you for your question. Self-represented litigants can submit requests to postpone a hearing via New Jersey's online filing system, JEDS. In addition, it's common to request a postponement (also called an adjournment) of a hearing if the Defendant needs additional time to prepare a... View More

View More Answers

4 Answers | Asked in Family Law and Domestic Violence for New Jersey on
Q: Can a defendant request a rescheduling online for a restraining order hearing if they're given 2 days notice?
Michael Andrew Conte
Michael Andrew Conte
answered on May 28, 2024

It is up to the judge. File an adjournment request with that judge via JEDS, provide the reason you are making the request, and ask the judge for his/her chambers staff to contact you to advise as to whether the adjournment is granted. Otherwise, appear at the appointed time.

View More Answers

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A default has been filed agianst me in Bergen Cty.Can I still upload my Answer or file a motion to set aside the default

The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2024

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. However, if you do not retain counsel, and the opposing party does have counsel, you could get slaughtered... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: A default has been filed agianst me in Bergen Cty.Can I still upload my Answer or file a motion to set aside the default

The default has not yet been entered. We have the hearing scheduled for June 12th. I called my husband's attorney's office multiple times to get additional time to answer. He never responded to the messages I left his paralegal, but instead filed a default judgment. When he filed for the... View More

Richard Diamond
Richard Diamond
answered on May 27, 2024

You need to file an application immediately and you need to detail the timeline of every call to the other lawyers office with a print out from your cell phone record showing the call made, who you spoke with and what if anything was the response and the details of the other court proceeding with... View More

View More Answers

1 Answer | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for New Jersey on
Q: In NJ, is it legal for hotel security to go through a guest luggage/baggage after being locked out?

AC,NJ hotel and casino guest luggage in room after guest was locked out of room for trying to extend stay and payment was declined. The guest was not allowed to get belongings out of room, instead security went to room, opened guest personal belongings and proceeded to go through their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2024

In New Jersey, hotel staff and security are generally not allowed to search a guest's personal belongings without consent, even if the guest has been locked out of their room due to non-payment or other issues. The hotel may have the right to remove and store the guest's belongings, but... View More

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: How can I get a Will Validated, or deemed not valid in New Jersey

I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More

Thomas Brett Duffy
Thomas Brett Duffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2024

First, I am sorry to learn your dad passed away. It's not a simple situation anytime.

As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in...
View More

1 Answer | Asked in Civil Rights and Criminal Law for New Jersey on
Q: Is it witness tampering if i file a civil suit and a contractor still comes to my apartment to cut grass?

Yes i filed a civil suit, and the contractor was still coming to my house the whole time to cut grass, while we had a court case going on. I thought that was witness tampering, but when i called the police, and told them we were fighting in court, they did nothing, and still allowed him to cut the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

Witness tampering involves attempting to influence, intimidate, or threaten a witness in connection with their testimony or participation in a legal proceeding. If the contractor was simply coming to your apartment to cut the grass as part of their regular duties, this alone does not constitute... View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to

If the asylum clock is stopped due to a request for time from the judge to bring a lawyer, when will it return to counting? Will it return after it was stopped, or will it make up for the period during which it was stopped?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024

When an asylum applicant requests additional time to find an attorney, the immigration judge may grant a continuance and stop the asylum clock. The asylum clock will resume on the date of the next hearing after the continuance.

However, the asylum clock will not make up for the time period...
View More

2 Answers | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Can I terminate my lease without a two-month termination fee after purchasing a house?

Now they want charge me two month because I did not provide them notice in advance , the think I was not sure when I would buy

Liscah Isaboke
Liscah Isaboke
answered on May 17, 2024

It depends on the language contained within the lease. I would contact an attorney to properly assess what your options are. There are very few leases that allow for the option of early termination.

In North Carolina, In accordance with NC Statute 42-45.1, there are certain requirements...
View More

View More Answers

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.

I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.

Bari Weinberger
Bari Weinberger
answered on May 28, 2024

Thank you for your question. The fact that you have been separated since 1995 - app. 30 years and living in your own in my opinion we preclude you getting alimony.

The other issue is that a separation does not stop the clock on the marriage as only filing a divorce complaint would do that....
View More

View More Answers

2 Answers | Asked in Divorce and Family Law for New Jersey on
Q: Hello, I live in Paramus, NJ. I'm looking to get divorced from my husband, who I've been separated from since 1995.

I've not seen nor heard from him and would like to get a divorce and some alimony. I found out from our son he gave a credit card to my son's roommate, so I guess he can afford some alimony also. We were married in 1985.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

I have good news and bad news for you. The bad news is that you have been separated since 1995, so your chances of being awarded spousal support are extremely slim. The good news is that you can get a divorce. You need to retain an experienced matrimonial attorney that will enable you to get on... View More

View More Answers

1 Answer | Asked in Immigration Law for New Jersey on
Q: How likely is it a single disorderly conduct citation in NJ lead to denial of citizenship or even deportation?

Police was called to hotel after knocking on wrong hotel room door while intoxicated. Weeks later was cited for disorderly conduct and judge made mention of possible ramifications leading from first and only ever legal infraction. Terrified to think this could lead to life altering consequences.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024

Based on the information provided, it is unlikely that a single disorderly conduct citation in New Jersey would lead to denial of citizenship or deportation on its own. However, it's important to consider a few factors:

1. Immigration status: The potential consequences may depend on...
View More

1 Answer | Asked in Immigration Law for New Jersey on
Q: Is it mandatory to travel to India from USA for H1B visa stamping when a person is not in USA during I129 filing.

My spouse travelled to USA from India in 2022. I applied for H1B lottery in 2023, my application got picked up in lottery. My Employer had filed the H1B petition in June 2023. I travelled to USA as dependent on H4 in August 2023. In Jan 2024, my H1B petition got approved. Now I am willing to work... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Based on the information provided, it seems that you are currently in the United States on an H-4 visa, and your H-1B petition was approved in January 2024. In this situation, you have two options:

1. Change of Status (COS) within the United States: You can file Form I-539 to request a...
View More

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
Louis A Casadia
PREMIUM
Louis A Casadia pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2024

By itself no. They are commonly considered drug paraphernalia and you can be charged with that offense in relation to possessing such baggies. However, being charged with drug paraphernalia in relation to these bags requires some sort of other evidence to suggest you intend to use the baggies to... View More

View More Answers

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is the possession of tiny plastic bags with no drug residue evidence a crime in New Jersey
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 13, 2024

No, not by itself it would not be paraphernalia, but for example if found with a spoon a needle and a lighter it would probably be an easy case for the prosecutor to win. Every case is different and depends on the facts and circumstances of its own.

View More Answers

1 Answer | Asked in Legal Malpractice for New Jersey on
Q: How can I hold my legal representatives/ attorney's accountable for an on going litigation if I feel they are billing un

Unfair and predatory billing

Joel Gary Selik
Joel Gary Selik
answered on May 11, 2024

If you accuse them of predatory billing, you can expect them to withdraw. If they are, in fact, doing so, you would want different attorneys.

You can try asking, politely, to explain the billing, ask particular questions, and discuss the issues.

1 Answer | Asked in Medical Malpractice and Health Care Law for New Jersey on
Q: Is it worth it to pursue a doctor's office if a medical professional violated my consent with testing?

My gyno asked if I wanted STI screening, I said no.

I received a bill later that during the papsmear they had also run an STI check and I'm being billed for it.

Is it worth it to pursue this?

Tim Akpinar
Tim Akpinar
answered on May 6, 2024

Probably not. Although your frustration is understandable, the issue that arises will be the amount of damages you suffered as a result of running tests that insurance would probably pick up. But that's only an individual opinion. Other attorneys might see things differently - you could try to... View More

1 Answer | Asked in Tax Law for New Jersey on
Q: For nonprofits, is there any special tax procedure in regard to very high-value In-kind donations?

I own a nonprofit and a friend of mine will be donating 4 paintings he made that are worth over 50k, and he's choosing not to deduct them. I know to put this under schedule M of the 990, but because he's choosing not to deduct them, I'm not sure if I should go get them appraised or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2024

For nonprofits receiving high-value non-cash (in-kind) donations, there are some special considerations and procedures to follow:

1. Acknowledgment: The nonprofit should provide a written acknowledgment to the donor, describing the donated property and specifying whether any goods or...
View More

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.