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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. The seasoned Bergen County family lawyers at Feitlin, Youngman, Karas & Gerson, LLC 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. No matter your situation, we stand ready to help. Contact our Bergen County domestic violence lawyers today.
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. If you require the assistance of a seasoned team of family lawyers to help with your domestic violence case, please don’t hesitate to contact us today.
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:
To be considered domestic violence, this activity must occur between the victim and a person in one of these relationships:
When circumstances meet these two criteria, the victim can petition the court for a domestic violence restraining order.
The 18-year-old threshold applies only to the spouse and household-member categories, and emancipated minors are covered there too. Where the parties have a child in common, anticipate one, or have had a dating relationship, age is not a barrier at all. Acts committed by an unemancipated minor fall outside the Act and proceed elsewhere.
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.
Under Silver v. Silver, an FRO requires two findings, not one. The judge must find a predicate act of domestic violence occurred, and separately that a restraining order is necessary to protect the victim from immediate danger or further abuse. Proving the incident alone does not guarantee the 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:
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.
New Jersey is unusual: an FRO is permanent. There is no annual renewal and no automatic sunset. It can only be dissolved by a judge on a showing of good cause, and it brings a permanent firearms bar and fingerprinting in a statewide registry.
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, simply contact our firm today.
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