If you are a victim of domestic violence, including serious threats or harassment, it is critical that you take fast action for your own protection. Whether an assault, harassment, terroristic threats or any other type of domestic violence has occurred or you are afraid it will, you are entitled to protection under the law. For responsive, caring legal help with your domestic violence issues, contact Morris Plains family law attorney Marc P. Feldman.
Temporary Restraining Orders – Final Restraining Orders – Plaintiffs and Defendants
At my Morris Plains New Jersey, law office, I am familiar with the full range of legal requirements and procedures associated with domestic violence. My experience extends to representing both plaintiffs and defendants in:
- Actions to obtain a temporary restraining order
- Hearings on final restraining orders
Attorney Marc P. Feldman will give personal attention to your case, and patiently hear you out on the facts and your perspective. Whether you are a victim of domestic violence or of false allegations, I will treat your case with the care and attention it deserves.
Serious Representation for Serious Legal and Safety Situations
Every domestic violence case is serious, and this law office treats it that way. Too many people make the mistake of failing to get strong legal representation, and the consequences can be devastating. I have capably represented both men and women in these serious matters, and Marc P. Feldman can offer helpful counsel no matter what your situation.
Serving North New Jersey Including Morris, Essex , Bergen, Union, Somerset, Hudson, Passaic, Warren and Sussex Counties
I have the experience to build and present your case effectively, in full recognition of the burden of proof and other unique legal aspects of New Jersey domestic violence cases. If you are a victim of domestic violence or you are accused of domestic violence, please do not underestimate your need for an experienced lawyer. Call me at 973-267-7555 or contact us electronically for the help you need.
What Really Is Domestic Violence?
The law defines Domestic Violence as any act which endangers the welfare of another through physical or severe emotional abuse. It includes physical assaults, threats of violence, actions that cause an individual to fear for his or her safety, forced sexual contact, any abuse conducted against a child, or harassment — behavior intended to seriously annoy or interfere with another person.
The Prevention Of Domestic Violence Act
The objective of the Prevention of Domestic Violence Act is simple:
To protect cohabitants of the home from being victims of violence in any of a number of forms.
It exists to protect the individual. It should never be used for a tactical advantage (e.g., to get someone to move out of the house simply because he or she is no longer wanted there.)
How Can This Help Me?
The Act is designed to immediately remove the offender and provide protection for the victim.
If you are the victim of Domestic Violence, the following steps should immediately be taken:
- If the act occurs between 8 AM and 5 PM leave the premises and go directly to the County Court (Family Division). File a complaint with the Domestic Violence Coordinator requesting a temporary restraining order. This order gives local police the authority to remove the abuser from the home.
- If the act occurs at some other time, call or go to the police department and file a complaint asking for a temporary restraining order.
- Meet with an attorney as soon as possible after filing for a restraining order or as soon as you suspect that you are or may become a victim of Domestic Violence.
A temporary restraining order is valid for no more than ten days. The court will then hold a hearing to determine whether to make this order permanent. At the hearing, the judge will take testimony from all parties. If the judge grants the permanent restraining order, the abuser is not allowed back into the home. In addition, issues of visitation, child support, and the extent of any contact between the parties may also be addressed at this time.
The judge may also order the abuser to contribute to your attorney’s fees. While having an attorney present is not mandatory at this hearing, it is critical to be aggressively represented. If you do not prevail, the abuser may be allowed to return to your home!
What To Expect From Your Attorney
An experienced matrimonial attorney should assist you in preparing your testimony. In addition, your counsel should discuss whether you are entitled to monetary damages as a result of the abuse. Support needs for you and your children, as well as custody issues should be reviewed. You should consider and expect your attorney to be your advocate in gaining protection for yourself.
Enforcement of the restraining order is critical to the protection of the victim. In those cases where the order is violated, abusers may be immediately charged and arrested. It is therefore important to distinguish between a domestic violence restraint and civil restraint. A civil restraining order will require you to come back to court in order to have it enforced.
The most important thing to understand however, is that no one should be a victim of any type of Domestic Violence, whether it be physical or threatening in scope. There are ways to seek protection for yourself and your loved ones.