New Jersey Domestic Violence Legal Questions

To determine whether or not you have a viable case, you may consider consulting with an attorney who practices civil law and criminal law.   You may also consider filing a police report.  If you file a report, request a copy and keep it for your records.   You may also consider reporting the daycare and/or individual(s) involved to the Division of Child Protection and Permanency (DCP&P), which was formerly known as the Divison of Youth and Family Services (DYFS).... Read More

Once a Domestic Violence Final Restraining Order (FRO) is entered against a person in New Jersey, it is difficult to have that FRO dismissed at a later time.  New Jersey is one of the few states that actually has permanent FROs.  In order to have an FRO dismissed, the court must agree that there is no continued need for the FRO.  It is possible that the court will schedule a hearing to explore whether or not there is a case to vacate the FRO. I understand that you may not have the funds to retain an attorney, but I urge you to consider the impact of attempting to represent yourself in this very serious action. The attorneys at Weinberger Law Group offer a free initial consultation.  We are happy to discuss your options with you, explain the process to you and navigate you through this process. Call (855) 548-1544 to schedule your free initial consultation.... Read More

An option is to go to the domestic violence unit in the family court of the county where you obtained the Temporary Restraining Order and let the staff know that you want to dismiss the TRO.  You will likely need to speak with a domestic violence worker/counselor at the court about your desire to dismiss the TRO.  The worker will have you complete and sign an affidavit. You then appear before the Judge and affirm that you want to dismiss the TRO.  For your own protection, the Judge may not allow you to dismiss the TRO if you were hurt or if there were prior acts of domestic violence.  In that event, there are other options available to you. The domestic violence attorneys at Weinberger Law Group are experienced in handling all NJ domestic violence matters and can navigate you through this difficult experience.  Call us to schedule your free consultation. If the act was severe enough, then the police will file a complaint and the county prosecutor will take over whether you wanted to press charges or not.  If charges were pressed against your ex-boyfriend, there may be a criminal complaint in addition to the TRO. If criminal charges were pressed and a complaint filed, you may want to speak with the prosecutor assigned to your case.... Read More

I have seen your question. My name is David Salvaggio.  I have more than 35 years of legal experience and head a law firm that devotes its practice exclusively to New Jersey Family Law matters, including Domestic Violence cases.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for further information about my firm.  The answer to your question is:  You have 45 days after the entry of the FRO to file an appeal.  However, that may not be your best option.  There are other options.  Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey, including not only Morris County but also Somerset, Hunterdon, Sussex, Warren, Passaic, Bergen, Hudson, Middlesex and Monmouth counties. If you live in one of those counties and wish to schedule a brief, confidential telephone call with me, please call my office (973-455-1220) and speak to the firm’s Client Intake Coordinator Dara Vanderhoof.  She will be able to arrange a mutually convenient date and time for the call. What you tell me remains confidential and there is no charge for the call.... Read More

Yes, NJ law allows you to have a Motion filed to amend the terms of the FRO. As long as you feel comfortable doing it yourself, you should go to the courthouse in the county where the FRO was entered, ask for Domestic Violence Filing, and tell them that you want to file a Motion to amend the terms of the FRO.  Make sure that you are very specific in your Motion, as to exactly how you want the FRO to be amended and why.   If you want to be represented by a lawyer on the Motion, I strongly recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. avid F. Salvaggio, Esq.  ... Read More

You clearly can--and should--add stipulations to a Consent Order for Civil Restraints.  That Consent Order has to be very carefully prepared and reviewed before you sign it.    Please understand that agreeing to a dismissal of the TRO is a very significant thing.  Especially if the defendant is represented by a lawyer, you really owe it to yourself to meet as soon as possible with a very experienced lawyer who devotes his/her ENTIRE practice to New Jersey Family Law matters, go over your situation in detail, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. Please feel free to take a look at our Firm Website (www.salvaggiolaw.net), which contains a lot of helpful information. I would be happy to have a brief telephone call with you, to get more information.  There is no charge for that phone call.  Please call 973-455-1220. David F. Salvaggio, Esq.  ... Read More

I am not sure how serious the offense(s) is/are, or whether you want a permanent restraining order in place.  If you want the restraining order dismissed, you can do that without counsel.  If there is more to your case than that, or if you want to ensure there is a permanent restraining order in place, you can of course retain an attorney, and in all likelihood, should retain an attorney, though it is not mandatory. An attorney will know what elements need to be established in court in order to ensure that the permanent restraining order is granted. If the person holds a position where they need to be in contact with others, particularly if the person works in a school, a final restraining order may be grounds for the termination of their employment. Should you want to discuss this matter in further detail, please feel free to contact me.  My contact information is below.   Best of luck, Waynice A. Green, Esq. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation Waynice A. Green, Esq. Colby & Associates, LLC 73 Church Street New Brunswick, NJ 08901 www.colbyandassociates.com 732-609-3915  ... Read More