Violence in the home is a serious topic in the legal world. Those who face violent acts at the hands of someone they should be able to trust have the law on their side. Federal and state laws are serious about domestic violence. Courts and law enforcement are tenacious and proactive about combatting this very real problem in the state. Unfortunately, it continues to plague households across our nation. When someone faces domestic violence issues, they have a lot to consider about their future. When children are involved, victims are not only responsible for themselves; they have little ones to consider. If you are the victim of domestic violence, you need to contact the authorities immediately in order to protect yourself. If you have been accused of domestic violence, you are facing civil and criminal consequences. Even if the charges are frivolous, New Jersey’s proactive approach will put you at a disadvantage when trying to defend yourself. If you need quality legal services, contact The Mark Law Firm, LLC to assist you in your legal matter.
Domestic Violence consists of one or more offenses inflicted on an individual protected by the Domestic Violence Act. There are four types of relationships that apply to Domestic Violence in New Jersey. These include:
Domestic violence is a crime. If you are in immediate danger, call the police. They will inform you about how you can obtain the legal means to protect yourself. As a victim of domestic violence, you have the right to ask a judge to issue a temporary restraining order (TRO), which may help protect you from further abuse. A TRO can require that the abuser is temporarily forbidden from:
A TRO can also provide temporary custody of your children and require the abuser to pay temporary support for you and your children. You can obtain a TRO by contacting the police or the Family Division of the Superior Court in your county during regular business hours. The police are required to file a criminal complaint against the abuser in some cases. You also have the right to file a criminal complaint if the police do not do so.
If you have been accused of domestic violence it is critical for you to have an experienced attorney on your side to protect your legal rights. Failing to respond or to adequately respond may lead to a Final Restraining Order (FRO) being issued against you. An FRO can have lasting effects on your personal and professional life. If an FRO is issued you will be required to submit your fingerprints. You will also be listed on the Administrative Office of the Courts registry for domestic violence offenders with restraining orders. Additionally you will be required to forfeit your rights to own a firearm and may be required to surrender other weapons in your possession. Most importantly you may be required to vacate your home and you may have significant restrictions placed against you limiting your rights to and contact with your children.
Even if the charges are frivolous, domestic violence is a unique area of family law where you may be required to defend yourself against these accusations with very limited time to prepare. If a TRO has been issued against you, a Final Restraining Order hearing must be held in Superior Court within 10 days of the issuance of the TRO. Without proper preparation and representation, you subject yourself to the severe and permanent restrictions of an FRO.
The Mark Law Firm, LLC knows that domestic violence is a serious matter. If you are the victim of domestic violence, you need to protect yourself and the ones your love. If you have been accused of domestic violence, you have a lot to consider, even if the charges are false. If you face domestic violence or charges related to domestic violence, contact The Mark Law Firm, LLC to assess your family law case and guide you through your legal options.