The primary way the law offers protection to victims of domestic violence is through a temporary restraining order (TRO). The objective of a TRO is to eliminate contact between the victim and the abuser. Depending on the party’s situation, the restraining order can include provisions similar to an order requiring the person who committed the […]
Domestic Violence and Abuse
How does New Jersey Law define domestic violence?
Domestic violence is an umbrella term used to describe abusive acts of physical violence, verbal and/or physical aggression, as well as other controlling behaviors directed toward a current, or former intimate partner, as well as an adult household member. In New Jersey, domestic violence is defined to include any of 15 different criminal offences, including […]
What do you mean by “Domestic violence doesn’t discriminate?”
Looking at statistics for domestic violence, we can clearly see how spousal or partner abuse is something that affects people from all races, religions, and walks of life. One in four women, one in five men, and one in three partners in LGBTQ relationships will become victims of domestic abuse at some point over their […]
How does domestic violence affect children & does it affect child custody?
One of the factors that a judge is required to look at when determining which parent is going to get custody is domestic violence. Read more about it here.
How long do restraining orders last?
Restraining orders last for one year. Typically after a year is up, the parties have moved on and the restraining order is not necessary. There’s some clients that want to renew it the next year because they say they still feel afraid. There are two sides of it: the person that wants to renew it […]
Are there ways to resolve disputed restraining orders without a contested hearing?
Yes, there are. One of the ways that restraining orders get resolved is to agree to do what’s called a “restraining order in the divorce case.” Let’s say the wife obtained a restraining order and the husband suggests to put a mutual restraining order in the divorce itself, which says neither party can contact the […]
How can you help a client to determine whether they should try to obtain a restraining order?
That’s a very personal decision, and you don’t want to escalate the divorce with a restraining order if it’s not the right thing to do. On the other hand, an attorney would never tell someone who’s truly in fear, feels that they’ve been abused, and feels very strongly about it not to go get a […]
What types of provisions can be modified in a restraining order?
Parenting time provisions are often modified. Let’s say you have a restraining order and you have a certain parenting plan for several months, and then after a while it seems that the parenting plan needs to change or should change. You can go to court and request a change, or the parties can agree to […]
Is it important to provide evidence regarding a proposed parenting plan in a restraining order hearing?
Yes, that’s really important because sometimes if the attorney represents a party who they don’t think is going to prevail and that the restraining order is going to be kept in place, they still want to then make sure that the client is going to get parenting time with the children, because the restraining order […]
What happens in a hearing contesting a restraining order?
Let’s say that your client could potentially prevail and that they have not met this criteria of causing bodily injury or attempting to or placing the person in fear, and you go to court. It happens several times throughout the year that you’re either trying to obtain a restraining order to keep it in place […]
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