In divorce cases, we often have restraining orders that come into play. It happens quite a bit, and there are two sides to it: the person who has gone to get the restraining order or the person who had a restraining order against them. You really have to sit down if it’s the person whom […]
Domestic Violence and Abuse
What protections does a restraining order provide?
A restraining order protects you by ordering that the other person cannot come to your place of work, your house, sometimes your children’s school – or be within a certain number of yards away from you – and that they’re not to contact you in any manner. It basically protects you from that person contacting […]
How does a victim of domestic abuse get a restraining order in Oregon?
In Oregon, we have a statute called the Family Abuse Prevention Act (FAPA). Basically, it’s only available for family members; therefore, the person has to be your spouse or domestic partner or your former spouse or domestic partner, or you could be adults related by blood, marriage, or adoption. That’s when it’s like a father-and-son […]
If there has been domestic violence, is litigation the best option for dissolving their marriage?
If there is domestic violence in any matter, the first focus of the attorney-client contact should be on curtailing that violence. That could be through a variety of mechanisms; it doesn’t have to be through a restraining order, but in many cases, a restraining order is needed. There’s another option where you could enter into […]
What is the legal definition of domestic violence, and how can a lawyer help to protect a victim?
Domestic violence is defined by N.J.S. 2C: 25-10, which sets forth various acts that could constitute an act of domestic violence. For instance, homicide, assault, terroristic threat, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, loudness, criminal mischief, burglary, harassment, stalking, robbery, and coercion. The newest act, which is not part of the […]
Are there issues regarding security clearances for federal employees that could be impacted by divorce?
The typical security clearance issues result when there’s been violence between the parties. In this area there are a lot of security clearances, and depending on what the issue is, the employee has to report it. If they don’t report it, then they get in trouble on their next security clearance, and could lose their […]
What can a father do to dispute false claims of domestic violence or child abuse?
Well, it is just an allegation. You have to prove domestic violence. Sometimes individuals do indeed utilize on domestic violence as a tactic, but the question is, is it real? We speak in terms of the allegation. However, ultimately that allegation has to be litigated in the courts, and judges are not as apt to […]
Can you mediate a divorce case where there are serious power imbalances between the couple?
Can you mediate a case where there are major power imbalances between the couple or where there’s been domestic violence during the marriage?
WATCH: What is Domestic Violence?
WATCH: What Constitutes Domestic Violence In New Jersey?
Read the transcript of this video below. In New Jersey, domestic violence is governed by the Prevention of Domestic Violence Act, which states that domestic violence occurs where there has been a violation of any one of a number of underlying criminal offenses perpetrated against a victim who is typically a family member or […]
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