South Jersey Domestic Violence
South Jersey Domestic Violence Representation
In New Jersey, victims of domestic violence have the right to seek an order of protection. This is your right and your should seek this protection in all cases of domestic violence. The law office of Henry M. Weinfeld has experience in the rapid filing of these orders and will help you to get the protection you need.
The State of New Jersey has a Domestic Violence statute that protects the rights of victims of domestic violence. Under that statute, if a final restraining order or FRO is granted, it is criminal offense for a perpetrator of domestic violence to approach you, come to your home or workplace, or reach out to you via the phone, text or email, or cause others to do so. The Court will only preserve your right to be protected and grant a FRO upon review of the facts of your case in a formal trial. That trial is typically scheduled 7-10 days after the act of domestic violence is reported and you are granted a temporary restraining order or TRO. In the trial you will be expected to explain what happened, call witnesses, produce evidence, and cross examine your opponent. A New Jersey Judge will ultimately determine if the burden is met under the statute and either grant or deny your application.
Your confidential consultation will uncover the history of the violence and the specific act(s) which supported your TRO. A comprehensive and detailed review will be critical to the success of your case. We will review the TRO and any associated police reports. We will talk to any witnesses to the abuse and uncover any direct evidence that will tend to substantiate your case. We will prepare our strategy and face the perpetrator and his/her attorney in Court. There will also be an opportunity to ask the Court to make a temporary custody determination and order financial support when you win your case.
For those falsely or wrongly accused of Domestic Violence in NJ:
Because of the nature of the crime of Domestic Violence and its prevalence, laws in New Jersey are written (and rightfully so) to protect the safety of the victims of abuse. Unfortunately, in some cases, this provides an opportunity for litigants to abuse the system and wrongfully obtain custody and property rights with a FRO. In addition, it is often difficult to determine what falls under the definition of domestic violence, and what is merely what the Court defines as “martial contretemps” (a non-physical and non-threatening quarrel between parties in a relationship). If you’ve been wrongly accused of domestic violence and a TRO has been issued, you need legal assistance. If an FRO is granted, you will lose specific rights to property, possession of weapons, custody, and it may affect your employment. In addition, your name will be placed on a New Jersey domestic violence offender list and published on the internet.
Your confidential consultation will review the accusations of violence, terroristic threats, harassment, or stalking which are outlined in the TRO and any associated police reports. A comprehensive and detailed review of the specific event in which you are accused of will be critical to the success of your case. We will postulate and try to anticipate what your accuser will state in Court about the alleged act of violence. We will talk to any witnesses that will support your version of the story, and uncover any direct evidence that will tend to substantiate your case. We will prepare our strategy and face your accuser and his/her attorney in Court.