Cores & Associates are experienced at prosecuting and defending allegations of domestic violence. Abuse, in whatever form, can have long-term serious negative consequences. Domestic Violence may be threats, intimidation, or physical violence. Contact our attorneys as soon as domestic violence occurs so that we can help.
If you are the victim or aggressor in a Domestic Violence case, our attorneys can guide you through the system. We can explain what is required under the New Jersey Prevention of Domestic Violence Act (NJPDVA) to obtain a restraining order or to oppose the entry of one.
The entry of a Final Restraining Order can give you temporary custody, financial support, and sole use and possession of your home. The denial of a restraining order would allow an abuser to return immediately to the residence. If you are the alleged abuser and a restraining order is entered against you, you will be fingerprinted and registered. The later violation of a restraining order can result in criminal charges. This is a serious matter and requires serious and experienced attorneys.
Under the law, domestic violence is committed by a person who has been close to you in your life including: a spouse, or ex-spouse, members of your household (past and current), any current or former boyfriend or girlfriend, or the parent of your children (or expected child). In order to obtain a restraining order the victim must establish that an “act” of domestic violence has been committed and that a restraining order is need to protect the victim from future acts of domestic violence.
Under the NJPDVA, and “act” of domestic violence can be:
- (1) Homicide N.J.S.2C:11-1 et seq.
- (2) Assault N.J.S.2C:12-1
- (3) Terroristic threats N.J.S.2C:12-3
- (4) Kidnapping N.J.S.2C:13-1
- (5) Criminal restraint N.J.S.2C:13-2
- (6) False imprisonment N.J.S.2C:13-3
- (7) Sexual assault N.J.S.2C:14-2
- (8) Criminal sexual contact N.J.S.2C:14-3
- (9) Lewdness N.J.S.2C:14-4
- (10) Criminal mischief N.J.S.2C:17-3
- (11) Burglary N.J.S.2C:18-2
- (12) Criminal trespass N.J.S.2C:18-3
- (13) Harassment N.J.S.2C:33-4
- (14) Stalking P.L.1992, c. 209 (C.2C:12-10)
- (15) Criminal coercion N.J.S.2C:13-5
- (16) Robbery N.J.S.2C:15-1
- (17) Contempt of a domestic violence order pursuant to subsection b. of N.J.S.2C:29-9 that constitutes a crime or disorderly persons offense
- (18) Any other crime involving risk of death or serious bodily injury to a person protected under the “Prevention of Domestic Violence Act of 1991,” P.L.1991, c. 261 (C.2C:25-17 et al.)
- (19) Cyber-harassment P.L.2013, c. 272 (C.2C:33–4.1)
If you have been a victim of domestic violence, you can protect yourself in the short term by obtaining a temporary restraining order (TRO). If you want to apply for a TRO between the hours of 8:30 am and 4:30 pm go to the county courthouse in the county where you reside. If you need a restraining order at other times, call the police or go to the police station. Insist that they contact a judge to help you obtain a TRO. Only a judge or hearing office can grant or deny a TRO (not an officer). If you have obtained a TRO or been served with a TRO as a defendant contact our office immediately for a consult.
After a temporary restraining order is granted, two things occur. First, the case will be scheduled for a Final Restraining Order (FRO) hearing within 10 days. Preparation for this hearing is important and, therefore, you should contact the New Jersey Domestic Violence Attorneys at Cores & Associates as immediately. Second, the victim will have immediate protection from the abuser. If the alleged abuser contacts or comes near the victim, there is an automatic arrest and, in many cases, some jail time. These cases are incredibly important. If you appear in court and your case is heard by the judge you may not like the result and you may not be able to change that result. There are many variables.
Contact our office immediately at 732-414-6669 if you need legal advice about domestic violence.