New Jersey Domestic Violence Attorneys
Domestic violence occurs when someone you have a domestic relationship with hurts you (with our without a weapon) or gives you a reason to believe they are going to hurt you. This relationship includes:
- A family member;
- Household member;
- A person with whom you have a child in common; or
- A person with whom you have a dating relationship hurts.
Some examples of domestic violence behavior are:
- Assault, when a person causes or attempts to cause you bodily injury;
- Criminal mischief, when a person intentionally damages your property (e.g. the abuser throws a rock through your window or breaks down your door or slashes your car tires);
- Harassment, when a person contacts you or communicates with you at extremely inconvenient hours, in offensive language or in another way likely to cause you harm (e.g. your spouse calls your phone every hour throughout the night trying to convince you to come back to him/her even though you already told him/her that you never want to see them again); and
- Stalking, when a person intentionally and repeatedly follows you and intends to annoy you or threatens you or makes you afraid for your safety.
When you are a victim of domestic violence, you may seek a restraining order against the person abusing you. A restraining order is a civil order issued by a judge, either at the courthouse during courthouse hours or at a police station when the courthouse is closed, that provides protection for you and your family from the abuser.
When you seek a restraining order and one is issued, it is only temporary. This order is based only on your side of the story, without the judge hearing the abuser’s side of the story. As a result, after you receive a temporary restraining order, a final hearing will be scheduled within 10 days to allow the abuser to tell his/her side of the story. You will also have to re-tell your side of the story at this hearing.
If after this hearing a judge finds that the abuser did commit an act of domestic violence, then your temporary restraining order will become final. A final restraining order can last forever or until one of the parties files a motion with the court to end or change the order.
If you are accused of committing an act of domestic violence, it should be taken seriously. Although a restraining order is a civil order, a violation of the order is a criminal offense.
Given the complexities of Domestic Violence issues and Restraining Orders in New Jersey, we advise you to contact one of our experienced family law lawyers or criminal attorneys at 973-627-7300 at Einhorn Harris today. We handle domestic violence issues throughout New Jersey.