Glen Rock Family Law Attorneys Assist in Domestic Violence Cases
Trustworthy representation for victims and persons accused of abuse
Domestic violence afflicts society on all levels throughout the United States, and New Jersey is no exception. If you are a victim of physical abuse or threats from your spouse, partner or someone else with whom you have a personal relationship, you can seek a temporary restraining order from the nearest county court. A concerned family law attorney at Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock can represent you in this process. Our firm also advises individuals who have been accused of domestic violence and seeks a fair outcome if the allegations are disputed. In some instances, false charges might arise from a misunderstanding or a situation where a party tries to gain a strategic advantage in a divorce or child custody dispute. We provide determined representation to New Jersey victims so that they can be safe in their own homes, as well as people who seek to avoid unjust punishment based on domestic violence allegations.
What qualifies as domestic violence in New Jersey?
Two elements must be present to establish domestic violence in New Jersey: an imminent threat or actual occurrence of violence and a qualifying relationship. These cases can usually arise from the following types of criminal misconduct:
- Assault, battery and aggravated assault
- Lewdness, sexual assault and sexual battery
- Harassment and stalking
- Trespass and burglary
- Unlawful restraint, false imprisonment and kidnapping
To be considered domestic violence, this activity must occur between the victim and a person at least 18 years of age with the one of these relationships:
- Current or former spouses
- Current or former household members
- Current or former dating partners
- Parent and child
When circumstances meet these two criteria, the victim can petition the court for a domestic violence restraining order.
Domestic violence restraining orders in New Jersey
As a first step, the domestic violence victim files a request for a restraining order at a local police station or in county court. The victim will speak to a judge or a hearing officer who will determine whether grounds exist for a temporary restraining order (TRO). This is an ex parte process, meaning the judge only hears the victim’s side.
If the judge issues the order, the victim must arrange for the subject of the order to be served with a summons for a hearing on the permanent order. Within 10 days, the court will allow the accused individual to rebut the allegations. If the judge still believes the petitioner has met the legal requirements, the judge will issue a final restraining order (FRO). If the petitioner fails to prove by a preponderance of the evidence that an order is necessary, the judge will dismiss the temporary order and refrain from issuing a final order.
Consequences of a domestic violence restraining order
A judge can tailor a TRO or FRO to meet the needs of the victim and the underlying circumstances. Conditions placed on the subject of the order can require them to take one or more of these actions:
- Vacate a shared premises
- Stay away from the victim’s home, workplace and other locations the victim frequents
- Refrain from contact with the victim or the victim’s children
- Surrender their firearms
Someone who violates the terms of a restraining order faces a contempt of court citation as well as possible criminal charges for each violation. Our firm handles domestic violence matters with compassion and understanding. If you require counsel for a domestic violence matter, we are here to help.
Contact an effective Glen Rock lawyer for assistance with a domestic violence issue
Feitlin, Youngman, Karas & Gerson, LLC represents clients from Bergen County and other New Jersey locations in proceedings where a domestic violence protective order is sought. To speak with an experienced Glen Rock lawyer, call us at 201-468-0966 or contact us online.