“I promise! I’ll never do it again” is easy for you to say, and hard for your lawyer to convince a prosecutor that you mean it (this time) and, that your behavior is not going to be repetitive. There are some types of crimes, especially those involving sexual assault, where one of the main issues a prosecutor and a sentencing Court are concerned with, is whether your behavior is repetitive and compulsive. In essence, what… read more →
In New Jersey, a Temporary Restraining Order issued under the Domestic Violence Act, can be issued at the request of the protected party when there is evidence presented to the Court to establish the existence of a ‘domestic relationship’ that did or does still exist, an allegation of one or more of the prohibited criminal acts, and a reason to believe that without the protections of the RO, that future acts of domestic violence will… read more →
Some things are ‘forever’, but in New Jersey, a Final Restraining Order (FRO) does not have to be forever if there are significant reasons why the FRO is no longer needed. A domestic violence restraining order is issued by the Court to prevent future acts of domestic violence. The most significant issue a trial court has to resolve when issuing an Order is whether that level of protection is actually needed to prevent future acts… read more →
A Domestic Violence Charge in New Jersey Typically Results in both a Criminal Complaint and a Temporary Restraining Order Issued Against You. The criminal complaint will almost always result in you being arrested and incarcerated until the case is reviewed by a criminal law Judge to determine whether you should be detained until the charge is resolved. The Temporary Restraining Order (TRO) will be addressed by a family law Judge, separately from the criminal charges.… read more →
I didn’t want the cops to actually arrest him, I just wanted the cops to get him to leave the house! Many people misunderstand what will happen when they call the police in New Jersey and state that domestic violence (DV) has occurred. Police are not ‘marriage counselors’. When they arrive on the scene, the police will separate the parties and look to observe if there is any indication of a criminal offense. If the… read more →
The ‘Golden Rule’ I was raised with (‘Do unto others…’) applies to interactions you have with other people, and that includes the police officers with whom you come in contact. A kind word to the police when the situation arises is a good thing. You never know when they may be circling back to help you in a moment of crisis, or interface with you on a traffic stop or other police matter. If the… read more →
A New Jersey Domestic Violence Final Restraining Order is ‘forever’. It has no ‘half-life’, and no automatic termination date. In some States, these types of Orders have a limited period of duration – typically of a several-year period. Once that time expires, the Order from that other State expires. In New Jersey, the FRO continues indefinitely. There are steps that can be taken to ask the Court to eliminate the Order, such as by filing… read more →
When a Domestic Violence TRO (Temporary Restraining Order) is issued against you in New Jersey, it means you cannot contact the protected party. Period. You are prohibited from going to their residence, their place of business, and any other location they typically frequent. So going to their favorite restaurant, bar, or gym can get you in trouble. If you follow them, or go to a place — even a public place — where you can… read more →
Once a Domestic Violence Restraining Order has been issued against you, do not contact the protected person, for any reason. In New Jersey, even if it is the protected person who is the one who initiates contact, you are in violation of the Court’s Order and you are the one that will be held in Contempt of Court. Penalties for violating the no contact provision range from fines to jail, and you end up with… read more →
A Domestic Violence Restraining Order can be ‘Forever’. It can impact your life – such as your employment prospects, and your ability to travel – in ways you may never have realized it would. Once a New Jersey TRO (Temporary Restraining Order) is issued against you, it will restrict you from having any contact with the protected person, even if they are the ones initiating contact with you. They contact you, you respond, and you… read more →