J Moore Law LLC: A New Jersey Domestic Violence Attorney

It is a fact that many people in the U.S. will suffer from domestic violence. Statistics say that more than 1 in 3 women (35.6%) and more than 1 in 4 men (28.5%) will experience rape, physical violence and/or stalking by an intimate partner in their lifetime. J Moore Law LLC, a New Jersey Domestic Violence Lawyer, is here for both those suffering as well as those accused of domestic violence.

The Prevention of Domestic Violence Act defines domestic violence as abuse inflicted upon a spouse, former spouse, girlfriend/boyfriend, child, co-parent, or even a household member. The acts that may qualify for abuse can include assault, terroristic threats, criminal mischief, burglary, criminal trespass, harassment, stalking and many others.

If you are a victim of domestic violence or are falsely accused of domestic violence you need to seek legal help immediately. J Moore Law LLC, a New Jersey Domestic Violence attorney, is here to help you with all of the legal issues that surround domestic violence so contact us now.

About New Jersey Domestic Violence Law:

The Prevention of Domestic Violence Act (PDVA) of 1991 defines domestic violence as the commission of one or more of the following crimes against a person who is protected by the law: murder, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order.

The plaintiff in a domestic violence case is someone who has requested or been granted remedies under the PDVA. An act of domestic violence under the PDVA is alleged to have been perpetrated by the defendant, who must be at least 18 years old or emancipated. The parties must currently or in the past have a specific relationship. The parties’ genders are unimportant. Relationships must fall under one of the following categories: marriage, separation, divorce, current or previous cohabitation in the same home, previous dating relationships, and shared children or anticipated shared children.

The accused must be at least 18 years old or an emancipated juvenile. According to the PDVA, a minor is deemed emancipated from his or her parents if the minor is or has been married, has served in the military, is expecting a child, has a child, or has previously been proclaimed emancipated by a court or administrative agency.

Restraining Orders and How J Moore Law LLC can help:

What is a restraining order? A restraining order is an order issued by the court that is intended to protect a victim of domestic violence.  The provisions contained in this type of court order are based upon the circumstances and vary from case to case.

Who can qualify for a restraining order? A victim of domestic violence is a person who is 18 years of age or older, or who is an emancipated minor, and who has been subjected to domestic violence by a spouse, former spouse, present or was at any time a household member OR who, regardless of age, has been subjected to domestic violence by a person: with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant, OR who regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.  A defendant must be 18 or emancipated.

How does a person apply for a restraining order? A person may file where the domestic violence occurred, where the defendant resides, where the plaintiff resides, or where the plaintiff is sheltered or temporarily staying.  A domestic violence complaint can be filed at the Domestic Violence Unit of the Superior Court/Family Division Monday through Friday, 8:30 a.m. to 3:30 p.m.  On weekends, holidays and weekdays after 3:30 p.m. and other times when the Superior Court is closed, a plaintiff may file a complaint at the local police department.

In New Jersey, there are two types of restraining orders:

Temporary restraining order (TRO)

When you file a complaint for a restraining order, you can ask for a temporary ex parte restraining order (TRO) to be issued immediately. A judge can grant you a TRO if s/he finds that it is necessary to protect your life, health, or well-being. The order will last until the hearing for a final restraining order, which is generally scheduled within 10 days. An “ex parte” TRO means that the judge will make this decision based only on the information you provide, without the abuser being in court and without prior notice to him/her.

If you cannot be physically present in court, a judge can issue a TRO upon:

• your sworn testimony or complaint; or
• upon the sworn testimony or complaint of a person who represents you if you are physically or mentally incapable of filing personally.

The judge must believe, however, that there are sufficiently urgent (exigent) circumstances to excuse your failure to appear personally in court.

• file at the municipal court (if it is open); or
• call your local police department or 911.

Generally, there is an “on call” municipal court judge who can issue you a TRO and schedule the court date for the final restraining order hearing. If a municipal judge denies you the TRO, you can re-file your petition in the Family Part of the Chancery Division of the Superior Court when the court reopens based on the same incident.

 

Final restraining order (FRO)

After a hearing in which you both have an opportunity to tell your side of the story through testimony, evidence, and witnesses, a judge can grant you a final restraining order. A final restraining order has no end date and can last forever – or until one of one of the parties files a legal motion in court asking the judge to end or modify (change) the order and the judge agrees.

You do not need a New Jersey Domestic Violence Lawyer to file for a restraining order.  However, you may wish to have one, especially if the abuser has a lawyer. If you can, contact J Moore Law LLC to make sure that your legal rights are protected.

 

New Jersey Temporary Restraining Order (TRO) Protections:

A temporary restraining order can:

forbid the defendant from returning to the scene of the domestic violence (except with a police officer to pick up personal belongings at a specific time/date);

forbid the defendant from possessing any firearm or certain other weapons (unless s/he is a law enforcement officer or in the military – then s/he can possess firearms while on duty);

order the police to search for and take any weapon (and firearms permit) at any location where the judge has reasonable cause to believe the weapon is located;

give you possession of any animal owned or kept by you, the defendant, or a child who lives in either household; and/or

order anything else the judge believes is appropriate, which often includes:

giving you temporary custody of your children; and

giving you exclusive possession of the home that you share with the abuser regardless of whose name is on the lease or whether or not the home is jointly owned.

 

If the judge orders that the abuser cannot have firearms, then the judge must require that a law enforcement officer accompany the abuser (or go without the abuser if necessary) to any place where any firearm or other weapon is located and take possession of them. If the restraining order prohibits the abuser from going to the place where firearms or other weapons belonging to the abuser are located, the law enforcement officer will go without the abuser and seize (take) them.

New Jersey Final Restraining Order (FRO) Protections:

A final restraining order can order the defendant to:

• not commit domestic violence against you and not to threaten to harm, harass, or stalk you or anyone else named in the restraining order;
• stay away from the home, property, school, work or any other place that is named in the restraining order of you and your family or household members;
• pay (in full or in part) the rent or mortgage on your home if the judge decides that the abuser has a duty to support you or your children;
• not make any contact that is likely to annoy or alarm you, including contact in person, by telephone, in writing, or through a third person with you or your family members, employers, other workers, etc;
• pay you for reasonable losses resulting from the abuse (some examples of this are loss of earnings or support, the cost of injuries, moving or travel expenses, the replacement or repair of property damaged or taken by the abuser, attorney and counseling fees, compensation for pain and suffering, etc.);
• be prohibited from purchasing, owning or possessing a firearm or other weapons, and order the search for and seizure of any firearm or other weapons at any place where the judge has reasonable cause to believe a weapon is located;
• attend domestic violence counseling;
• undergo a psychiatric evaluation; and
• report to the court to monitor that the defendant is following the terms.

A final restraining order can also give you the following:

• sole possession of the home where you both live (in other words, remove the abuser from the home). The judge can order this even if the home is owned or leased only by the defendant, not you. If, however, it is not possible for you to stay in the home, the judge can order the abuser to pay your rent for a new place if the defendant has a duty to support you;
• temporary custody and decide how often the defendant can see your minor children, specify the time and place of parenting time, and require supervision or the participation of a third party. Note: If the defendant is granted parenting time and then threatens the safety and well-being of your children in some way, you can apply for an emergency hearing and the judge will consider suspending the defendant’s parenting time;
• temporary possession of personal property such as a car, checkbook, health insurance documentation, identification, a key, and other personal items; (these items can be given either to you or the abuser);
• emergency financial support from the defendant, including support for your minor children;
• an order that a law enforcement officer must accompany you or the defendant to your home or shared workplace to supervise the removal of personal items;
• possession of any animal owned or kept by you, the defendant, or a child who lives in either household; and
• any other appropriate relief you request for you or your dependent children.

Whether a judge orders any or all of the above depends on the facts of your case.

If the judge orders that the defendant cannot have firearms, then the judge must require that a law enforcement officer accompany the defenant (or go without the defendant if necessary) to any place where any firearm or other weapon is located and take possession of them. If the restraining order prohibits the defendant from going to the place where firearms or other weapons belonging to the defendant are located, the law enforcement officer will go without him/her and seize (take) them.

 

How to Know if You’re a Victim of Domestic Violence:

Domestic abuse knows no boundaries; men, women, children and elderly, regardless of race, class, sexual orientation or economic status are victims. It is a crime for anyone to assault or threaten you, even if that person is a spouse, ex-spouse, boyfriend, girlfriend, household or family member, someone you are dating or someone you had once dated.

Abuse emerges in many forms. Abuse can be Physical, Emotional, Sexual, Verbal, Religious and Economical. Often abusers are isolating, jealous and possessive.

The goal of the abuser can be to establish control and a sense of power which can be accomplished through many different methods:

Physical violence:

includes everything that brings you suffering, physical pain, tires you, and everything that physically negatively affects you. Assault, criminal restraint, sexual assault, criminal sexual contact and many others are common forms of physical domestic violence that are covered under the Prevention of Domestic Violence Act. This is the most common type of domestic violence. Any action, words, or even the look of another can set an abuser off and lead to one of these physically violent outcomes.

Domestic Violence:

can also include psychological abuse. This consists of emotional pressure, systematic threats, blackmail, regular insults, and manipulation. Harassment and Terroristic Threats can be common offenses that are covered under Domestic Violence laws and may involve psychological abuse. Unlike the first type, this violence may be more difficult to prove in a court, or also to defend against.. It can manifest itself not only in relation to the spouse or spouse but also to the elderly and children.

Economic violence:

may also be considered as domestic violence but is not covered under New Jersey’s Domestic Violence Act.  If one partner or spouse forbids the other to manage the family budget, restricts financial freedom, hides their income from the other, or requires a detailed account of money spent, then we are talking about this type.

Domestic Violence Help

If you or someone you know is being abused by a partner or family member, it is important to get help safely. Many victims and survivors of domestic violence find the following helpful:

• Developing a safety plan, which includes setting aside: cash, important documents (birth certificates, social security cards, etc.), a set of keys and a change of clothes, all of which can be easily accessed in a crisis situation.
• Calling a domestic violence hotline or agency
• Staying with family or friends
• Knowing important phone numbers to call for help
• Sending children to stay with family or friends

Finally, after you and your family is safe you can seek the advice and help of a New Jersey Domestic Violence Attorney to help you navigate through the restraining order process.

How a Criminal Defense Lawyer Can Help You If You Are Falsely Accused of Domestic Violence?

Accusations

When an incident in the home escalates and you are accused of domestic violence, the negative impact on your life can be almost immediate. There are times when law enforcement officers are able to arrest people accused of domestic violence without first obtaining a warrant.

Restraining Orders

Protective orders may also be issued to those accused of domestic violence.  It can require them to refrain from contacting or being in the presence of the accuser or impacted minor children.

Protective orders may forbid individuals from speaking with the accuser and  living in a shared home. Additionally it can affect possessing pets, maintaining custody of children, and surrendering firearms. This type of order can even become final.

An experienced lawyer can assist in mounting a vigorous and appropriate defense in order to avoid potentially devastating personal outcomes.

 

How Does One Create a Domestic Violence Defense?

Domestic violence crimes can carry particularly severe penalties, including monetary fines and incarceration. Furthermore, this type of criminal record can impede career advancement. It can also jeopardize child custody arrangements, ruin personal relationships, and jeopardize professional licenses.

Having a lawyer on your side can help ensure that all of the rules of procedure are followed and that the rights of the accused are never violated.

Because there are always two sides to every story, a New Jersey domestic violence attorney will take the time to understand the facts leading up to the incident in question and will investigate every possible line of defense. Defenses like false allegations, alibis, accidental injuries, self-defense or defense of others are all available and valuable in defending yourself against serious allegations.

Contact J Moore Law LLC, a New Jersey Domestic Violence Attorney 

A domestic violence lawyer in New Jersey is familiar with the criminal code statutes that are used to prosecute defendants accused of alleged crimes against family members and intimate partners. Defendants can develop a strategic and comprehensive approach to fighting charges. It would also help protect their reputation and relationships during this time. Call now to speak with an experienced lawyer about your case and to learn more.

We work in locations such as

• Camden
• Cherry Hill
• Gloucester Township
• Winslow
• Pennsauken
• Voorhees
• Lindenwold
• Haddon Township
• Collingswood
• Burlington County
• Gloucester County

And many others!