Domestic Violence Attorney Newton and Sussex County
Gaining protection from abuse and harassment
The ability to get protection is essential for victims of domestic abuse and violence. That is why New Jersey law allows domestic violence victims to quickly obtain temporary restraining orders (TROs), often without prior notice to the party being restrained. For these orders to be made permanent, however, you must have evidence that your allegations are warranted. Likewise, if you are the subject of a TRO, you will have an opportunity to show that the restraint against you is not justified.
At Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C., we are committed to assisting people in Sussex, Morris, Passaic and Warren County on either side of domestic violence issues. Our attorneys can help a victim of domestic violence obtain protection through a final restraining order, or represent a person charged with domestic violence to make sure that an unjust result does not occur.
What is domestic abuse?
Domestic abuse applies when the victim and perpetrator are or were married or dating and to those who have a child together or are or were members of the same household. It is broader than physical violence and includes several types of criminal acts:
- Terroristic threats
- Criminal mischief
- Criminal trespass
Police can sometimes help victims obtain TROs while responding to domestic violence calls or during hours when the courts are closed. Otherwise, you can obtain a TRO from a New Jersey Superior Court. A TRO only remains in effect until the court can hold a formal hearing, usually within 10 days after issuance. At this hearing, both parties can present testimony and evidence to show whether the alleged abuse actually occurred and what the conditions of the restraining order should be. The judge may then establish a more permanent final restraining order (FRO) or vacate the TRO.
What can a restraining order accomplish?
A restraining order, whether temporary or final, is a court order preventing the alleged abuser from having any contact with the alleged victim or going to the person’s home, place of employment or any other places identified in the order. Violating a TRO or FRO is considered contempt of court and carries a potential sentence of up to 18 months in prison and a fine of $10,000.
As domestic violence can be grounds for getting a divorce, the issuance of an FRO can have an effect on divorce proceedings. Moreover, being the subject of a final restraining order can make obtaining child custody more difficult in the future, and will result in the forfeiture of weapons and a firearms permit. Therefore, if you were wrongfully accused of domestic violence, it is important to defend yourself at the FRO hearing. Similarly, while a court will often grant a TRO based on mere allegations of abuse, if you were the victim of domestic violence and want to make your TRO permanent, you must be prepared to present evidence at your FRO hearing. Whichever side you are on, our Newton attorneys can help you gather and present evidence and make your case in court.
Contact a Newton firm committed to resolving domestic violence issues
Our family law attorneys at Hollander, Strelzik, Pasculli, Hinkes, Wojcik, Gacquin, Vandenberg & Hontz, L.L.C. understand how terrifying it is to be the victim of domestic violence and how frustrating it can be to be falsely accused. If you need assistance either proving abuse or contesting the allegations against you at a final restraining order hearing, our Newton & Sussux county, NJ attorneys can provide the supportive advocacy you need. Call our office today at 862-273-3465 or contact us online to schedule a consultation.