Newark Domestic Violence Lawyers
New Jersey Domestic Violence Attorneys
The New Jersey Prevention of Domestic Violence Act was enacted to protect people from abusive spouses, partners and other household members. Generally, the domestic violence laws serve that very important purpose. All too often, however, false or meritless domestic violence allegations are made by one party in a divorce or custody action in an attempt to gain a legal or tactical advantage. Contrary to the common stereotype in domestic violence or spousal abuse cases, we find that the accused are just as likely to be female as male.
In the heat of an argument, one party may say or do something that the other party misinterprets or embellishes to fit within the definition of domestic violence, which includes non-physical crimes, such as harassment, stalking and terroristic threats. Once a domestic violence complaint is made, a private dispute typically becomes a police matter.
The police are very likely to arrest the accused offender, who will be barred from the family home by a Temporary Restraining Order (TRO) until the matter is reviewed by a family court judge. If the judge finds that domestic violence occurred, the court may enter a Final Restraining Order (FRO), which may permanently bar the offender from the home and prohibit or limit contact with the children. Unlike a criminal prosecution, domestic violence must only be proven by a "preponderance of the evidence" and not "beyond a reasonable doubt".
Additionally, domestic violence offenders are finger-printed, placed in a central statewide database of domestic violence offenders and may be denied certain employment, including teaching and childcare positions. Moreover, in addition to the Family Court case, the domestic violence complaint can result in the filing of a criminal charge against the accused that must be resolved in either state or municipal court. As such, a domestic violence arrest creates an urgent legal crisis.
Contact family lawyer Jeffrey W. Plaza at the law offices of Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law to schedule an immediate consultation if you have been charged with domestic violence, because the potential consequences to your rights and freedom are too important.
While the accusations may be exaggerated or without merit, unless properly defended they can have significant negative consequence for your relationship with your children, along with your right to live in your own home.
Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law is an experienced divorce and family law firm with a track record of successful outcomes on behalf of many people accused of domestic violence.
Representation of Domestic Violence Victims We also assist victims of domestic violence who need a restraining order to stop the harassment or threat of physical violence of an estranged boyfriend, girlfriend, husband, wife or partner. Often victims of domestic violence obtain a Temporary Restraining Order (TRO) on their own on an emergency basis with the police or Family Court.
Thereafter, however, victims can benefit from having experienced family law attorneys represent them at the Final Restraining Order (FRO) hearing, which may involve complex procedural and evidentiary rules that affect what information the Family Court considers in deciding whether to enter a FRO.
If you have been the victim of domestic violence, contact attorney Jeffrey W. Plaza to assist you in obtaining a Temporary or Final Restraining Order.