New Jersey Domestic Violence Attorneys

Our attorneys have extensive experience representing clients throughout the State of New Jersey in domestic violence matters.  When there has been an alleged act of domestic violence, the victim may request a Temporary Restraining Order (TRO) against the individual who committed the act of domestic violence.  A judge will hear the request for a TRO and decide whether a TRO is necessary to protect the alleged victim pending a hearing for the issuance of a Final Restraining Order (FRO).  Since the judge only hears from one side when deciding whether to issue a TRO, it is easy for an alleged victim to obtain a TRO with minimal due process rights afforded to the defendant until the FRO hearing.  Following service of the TRO, a hearing is scheduled to determine whether the TRO should be converted into an FRO. Restraining Orders are civil proceedings heard by a judge in the Superior Court of New Jersey, Family Part.

Our office represents both the plaintiffs in prosecuting their claims for domestic violence and defendants in defending an alleged victim’s claims of purported domestic violence.

We have represented clients in TRO/FRO proceedings in each county in the State of New Jersey.

What is Domestic Violence?

Domestic violence is considered to be a serious crime against society. Every day, citizens of New Jersey regularly experience domestic violence in their homes. This includes domestic abuse between spouses, family members, boyfriends/girlfriends, ex-spouses, children, adoptive relatives, and roommates. You cannot get a TRO against just anybody. It has to be a party enumerated under the New Jersey Prevention of Domestic Violence Act as set forth above.

What Acts Constitute Domestic Violence?

Under the New Jersey Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17, et seq., a plaintiff must demonstrate one of the following predicate acts of domestic violence took place in order to obtain the protections of a TRO:

1. Homicide N.J.S.A. 2C:11-1
2. Assault N.J.S.A. 2C:12-1
3. Terroristic threats N.J.S.A. 2C:12-3
4. Kidnapping N.J.S.A. 2C:13-1
5. Criminal restraint N.J.S.A. 2C:13-2
6. False imprisonment N.J.S.A. 2C:13-3
7. Sexual assault N.J.S.A. 2C:14-2
8. Criminal sexual contact N.J.S.A. 2C:14-3
9. Lewdness N.J.S.A. 2C:14-4
10. Criminal mischief N.J.S.A. 2C:17-3
11. Burglary N.J.S.A. 2C:18-2
12. Criminal trespass N.J.S.A. 18-3
13. Harassment N.J.S.A. 2C:33-4
14. Stalking N.J.S.A. 2C:12-10
15. Criminal coercion N.J.S.A. 2C:13-5
16. Robbery N.J.S.A. 2C:15-1
17. Contempt of a domestic violence order, which 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 New Jersey Prevention of Domestic Violence Act.
19. Cyber harassment.

The issuance of a TRO will prevent you from having any form of contact with the alleged victim alleging domestic violence against you. You will likely be barred from their residence or place of employment, from making contact, or from having others make contact on your behalf with the protected party.

Appeal

If you have been served with a TRO, N.J.S.A. 2C:25-28 provides you with an opportunity to file an appeal of the TRO or other requests for modification or dissolution of the restraints.

The Final Restraining Order Hearing

For a plaintiff (victim) to be successful at the time of an FRO hearing, the plaintiff must prove by a preponderance of the evidence that the defendant committed a predicate acts of domestic violence AND that the plaintiff fears for her/his safety and there is a need for the protection of an FRO.  At the hearing, the court will consider the following:

• The previous history of domestic violence between the parties, including threats, harassment, and physical abuse
• The existence of immediate danger to a person or property
• The financial circumstances of the parties
• The best interests of the victim and any children
• The existence of a verifiable order of protection from another jurisdiction

The entry of an FRO against the defendant has substantial consequences and may result in fines, fingerprinting, and the entry of the defendant’s name into New Jersey’s Domestic Violence Database. A court can also award damages against the defendant for the other party’s lost earnings, out-of-pocket expenses, medical bills, child support, attorney’s fees, and court costs.

Potential Criminal Consequences

An allegation of domestic violence/abuse against another may result in the filing of criminal charges against the defendant. If an officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person alleged to be the person who subjected the victim to domestic abuse if the victim shows signs of injury, a warrant is in effect, and other factors.

Weapons Seizure

Upon the entry of a TRO, a law enforcement officer in the State of New Jersey will seize all weapons from the defendant, including any firearms purchaser identification cards or carry permits.

If criminal charges are also filed, the county prosecutor where the alleged act of domestic violence took place will file a Temporary Extreme Risk Protective Order (TERPO) seeking seizure of the defendant’s weapons at a hearing. At that hearing, the county prosecutor must prove by a preponderance of the evidence that the defendant/respondent poses a significant danger of bodily injury to the respondent’s self or others by owning, possessing, purchasing, or having custody or control of a firearm. After the hearing, the judge will decide whether to issue an Extreme Risk Protective Order.

Where do we begin?

At the initial intake, we will gather the necessary facts and information to start building your case/defense. We understand how challenging and stressful of a time it can be for a victim of domestic violence or someone accused of domestic violence. Our attorneys have handled many of these cases in each county court in the State of New Jersey and have substantial experience and success in going to trial and obtaining favorable results for our clients. More importantly, we are also very experienced in deescalating the situation where an FRO is not warranted and in resolving these matters through entering into civil restraints agreements whereby the parties can come to an agreement in an effort to prevent further domestic violence.

How do we begin?

Our attorneys are available 24 hours a day, 7 days a week. Call us today at 973-256-1414 or email us at iak@varanolaw.com to schedule a free consultation. If you are the victim of domestic violence or feel as though you are being wrongfully accused of committing domestic violence, you should seek legal assistance from our office as soon as possible.