RESTRAINING ORDERS 101-Domestic Violence Attorney

Restraining Orders or Orders of protection are temporary court orders keeping a certain person or persons away from you in every way possible. This means they cannot be near you, stalk you, text you, email you, call you, etc. They must stay away from you or risk being arrested for violating a restraining order. In New Jersey, Restraining Orders are initially temporary but if the allegations are proven, the restraining orders become permanent (final restraining orders).  Being accused of domestic violence which led to the restraining order is a serious accusation that requires the most professional and aggressive defense you can obtain.

If someone is harassing you, has hit you, is stalking you, cannot take no for an answer or any other means to harass/commit domestic violence, call the police and obtain a temporary restraining order. You can obtain a restraining order in Hudson County Family Court for example from 830am to 430pm but I suggest going at least 1 or 2 hours before the court closes to make sure a Judge can see you. If you miss that time, you can go to the local police station and obtain a restraining order after court business hours. Once you have done that, if you seek professional independent counsel, contact a lawyer immediately to help build your case and look over your initial restraining order to see if any mistakes have been made and if the order should be amended before the final restraining order hearing.  You will need to prepare for the final hearing and it is suggested to have a domestic violence attorney with you to do so and be in court with you along the way. You do not want to risk losing a restraining order and the alleged abuser is allowed to re-enter the home/apartment.

 

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DOMESTIC VIOLENCE ATTORNEYS FOR RESTRAINING ORDER CASES IN NJ

If you have been accused of a restraining order, contact an experienced restraining order attorney immediately to begin working on defending these claims against you. Many liberties that we have in America will be stripped away from you if you lose the restraining order case at the final restraining order hearing. Do not risk it by going alone, your career and lifestyle will be on the line. We represent both the accused and victims of domestic violence.  We have a specific phone system in place for those involved in restraining orders. We have the right to decline representation at any time as we are a private law firm based in Jersey City. You can contact us 24 hours a day on 973-337-9643.

 

While we cannot undo a temporary restraining order immediately at say 4am, we can fight it immediately once the courts are open. However, speaking with our legal team can help you in that you know you have legal eagles on your side ready to fight for your case in Jersey City-Hudson County-NJ. Our non-emergency number is 973-337-9643 and our office is located in Jersey City, New Jersey. We practice in the counties of Hudson, Essex, Bergen, Union, and Passaic.

In short, restraining orders are serious business. You need to be ready in order to achieve your goal in the case or you will not win. Contact the Artusa Law Firm-Santo Artusa, Jr., Esq. today to discuss your case.

 

 

 

New Jersey Restraining Order Lawyer

GROUNDS FOR DIVORCE IN NJ: ADULTERY vs. NO-FAULT

You may want to file for divorce in NJ after finding out your spouse committed adultery/cheated on you, emotionally abused you, etc. You may want a divorce because the marriage is just dead or what has been done is done. Either way, obtaining a divorce decree/judgment you need to follow certain New Jersey Family Court procedures. I will explain the difference between filing for divorce by way of no-fault or by way of fault divorce and if it is really worth seeking a fault divorce. My name is Santo Artusa, Jr., Esq. and I am a divorce attorney in Jersey City, NJ.

While finding out someone you love or loved cheated or is cheating on you is very hard to swallow, it does not mean that you should file for divorce under the premise/cause of action of adultery. Adultery requires proving who the other party is (the other party meaning paramour/mistress). This requires work and more money than simply filing for divorce under a no-fault divorce cause of action. Why waste the money? There is no advantage in proving adultery from an economic standpoint/alimony/child custody etc. It is up to you but I do not like charging people for work that is unnecessary, I charge for work I did, work I do.

To prove adultery in New Jersey you can do so by:

There probably is no such thing as a pleasant adultery case; because of names, dates, places, paramours, and the like have to be brought out in the open. If your spouse no longer cares about what you know and is open about the affair, you’re lucky. You can then catch your spouse flagrante delicto, which means you have your spouse in the flagrant wrong and may not have to worry about hiring detectives. However, you may still need a detective to prove your case in court. There is still a need for a corroborative witness, such as a mutual friend or neighbor, who has no stake in the matter except telling the court what he (she) witnessed.

Most adultery cases are proven by circumstantial evidence, which means that you have to establish that your spouse had the disposition and opportunity to commit adultery.

Public displays of affection, such as hand-holding, kissing, and hugging, between the guilty spouse and the paramour, are generally sufficient evidence to indicate an adulterous disposition. Opportunity may be proven by showing that your spouse was seen entering the paramour’s apartment at 11 P.M. and not coming out until 8 A.M. the following morning and that they were alone. If you can only prove disposition but not opportunity, the courts may not allow your divorce because the court may reason that it is just mere speculation. The same is true if you only show that there was an opportunity, but cannot prove disposition. When you think about it, this seems to make sense

To prove no-fault or irreconcilable differences you only need to allege you had marital problems for 6 months or more prior to filing and that those problems continue today. Again, whether you use this or 18-month separation or a fault cause of action, that does not have anything to do with equitable distribution/alimony/child support/etc.

Does the cause of action affect alimony?

The alimony statute provides “in all actions for divorce other than those where judgment is granted solely on the ground of separation the court may consider also the proofs made in establishing such ground in the determination of the amount of alimony or maintenance that is fit, reasonable and just.” N.J.S.A. 2A:34-23

However, the Supreme Court has ruled that under minimal situations, it can be used.

“The Mani court held that marital misconduct is irrelevant to alimony awards except in two situations. First, the marital fault can be considered when the misconduct has directly affected the economic status of the parties. For example, if the husband’s cheating caused his wife to have a nervous breakdown, and this condition left her unable to work, the court may award her greater alimony because of the marital misconduct. Another scenario occurs when a husband dissipates the couple’s assets recklessly. Quite often a husband will “blow” the marital savings on his new girlfriend. If this occurs, the court may order the husband to pay more alimony to his wife, who does not have the property to fall back on.

Second, the court held that alimony may also be barred when the potential recipient has engaged in misconduct that “is so outrageous that it can be said to violate the social contract, such that society would not abide continuing the economic bonds between the parties.”

Whether you seek a fault or no-fault divorce, my team and I can help you with our experience in family law and divorce in New Jersey. Contact us today for a free consult on 973-337-9643.

DIVORCE LAWYERS:GETTING A DIVORCE WITHOUT WAITING 100 YEARS

Seeking a divorce in New Jersey? In Jersey City? Newark Etc?

You can get divorced in Jersey City or elsewhere in the State of New Jersey without having to wait 100 years! You can be happy sooner rather than later. My team at the Artusa Law Firm can have you divorced very fast. Each case is different but if there are two willing parties or the other party does not seek to contest the case in New Jersey, you can be divorced super fast! We handle amicable, painless and uncontested divorces throughout New Jersey and you can even be divorced in certain cities without ever appearing in the divorce court, we handle it all, contact us on 201-706-7910 to speak to our Jersey City divorce lawyers.

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NO FAULT DIVORCE-7 Critical Tips To Avoid a Messy Divorce in New Jersey

Article about trying to have an amicable divorce in New Jersey or civilized divorce in New Jersey from New Jersey Family Law and Divorce Attorney Santo Artusa of Jersey City. The ball is in your court as to how a case starts or even how you react to overstated or made up allegations against you. Think before you act.
Divorce can be very painful but it does not have to be messy, it does not have to force the parties relive bad times, to rehash feelings from years ago. Working with experienced divorce attorneys can help you keep the divorce as civil as possible. Whether the issue is money, children, real property, retirement assets, alimony, etc., there is still hope to reach a fair and reasonable resolution without resorting to name calling, false allegations, using the children as pawns and other disturbing behavior. However, you need to Be VERY careful who you decide to work with because if you find yourself with the wrong divorce or family law attorney, you will find yourself fighting issues that were long resolved and that are making your attorney fees increasingly high every month, be very careful. How your life will be after your divorce is very important for you so how you behave in the divorce should be thought out and not built on rage and temporary inflamed emotions of family members egging you on. Stay focused, know your case goals and stay positive.

As an experienced divorce lawyer and divorce mediator in Jersey City New Jersey, I have seen cases that can be resolved in a friendly fashion turn nasty and other cases that start nasty end civil. Anything can happen with the right attitude and the right plan, just as it can with the wrong plan and wrong attitude. A lot of how your divorce or family law case goes really depends on your attitude and your expectations. Below I offer some tips to avoid a messy divorce case in New Jersey. Other tips I offer are just life tips in general when dealing with difficult situations, albeit, many are easier said than done.

  1. Try your best to be respectful to your spouse and his or her attorney. “You get more with honey than vinegar.”
  2. Write down what you are flexible on and what you are not and why.
  3. Refrain from engaging with your spouse’s family and friends if they are part of he problem.
  4. Do not flaunt your new girlfriend/boyfriend, expensive car, etc.  Limit social media.
  5. Never use the children as pawns in your plan.
  6. Set time aside for yourself during a divorce to de-stress, regain energy and focus.
  7. If you have children, adore them and give them your full attention.

While this is only a short list, I think you get the point. Stay positive, keep trying your best to think of the big picture as there will be hurdles along the way but no hurdle is high or tough enough to beat patience and proper planning.

FAMILY COURT LAWYER IN NJ-3 BIG TIPS IF YOU HAVE A NEW JERSEY FAMILY COURT DATE COMING UP

Do you have a court date in Jersey City, Hudson County Family Court? For a restraining order? For a family court case? We can help you NOW! Jersey City Family Law Attorney Santo Artusa and his team are skilled in family and criminal law cases in Jersey City, NJ.

You may have a court date in family court in Hudson County, Essex County, Union County or beyond in New Jersey because you filed an application or the other party filed something and you must attend court in Jersey City, Newark, Hackensack, etc. Either way, the day is approaching and you are going over what your goal is or not sure what your goal really is, either way, you want the court date to go well. You want the best results possible. While nobody can guarantee what a family court Judge will do, working with an experienced New Jersey family court attorney will help you seek the right relief and defend you when you need to be defended.

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I will offer three tips to you aside from the fact that you should have a family law attorney with you to handle your case.

  1. Have your proof with you and be organized. You cannot hand a Judge 100 papers and expect the Judge to comb through them all. The Judge will be upset and thats not good. I just had a court case this week were the other attorney came to court will a folder of papers and audio CDs. I asked where the proof was, the Judge asked where the proof was and the other attorney said, its on the CDs, you can listen to them! The Judge looked at the attorney as if she was crazy and said it is your job to have the transcript and so forth. So have your proof but be organized.
  2. Be respectful to the court and court staff. The Judge and the Judge’s staff is like their own little army, their own little team. Attack or disrespect one, you disrespect all, never do it, don’t do it. Even if you get an attitude for no reason, do not respond in a bad way, EVER.
  3. Dress Appropriately– I cannot tell you how often I am in disbelief over what people who have court wear to court, whether it is a woman with a skirt so high or a man with his pants to the floor, dress as if you are going to church. No you do not have to wear a suit to church or to court but dress neat, dress conservatively.

While this are only basic tips, sometime you need to have basic common sense when going to court and when dealing with important family law situations. My team and I are trained family law attorneys in New Jersey with our main office in Jersey City. If you have a family law case coming up and seek a lawyer, contact us sooner rather than later as we can only accept a certain amount of cases per day. Contact us on 201-706-7910 today.

You can also contact us via this contact form. Please provide us with the best way and when to contact you so we can help you today.

A Quick Way To Determine if Your Divorce is Contested or Uncontested in New Jersey

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When asking divorce lawyers whether your case is considered contested or uncontested in New Jersey this is what you need to know:

People frequently come into our office and claim their divorce will be easy or that their case is very complicated and both may be true. We take the time to discuss the legal situation with you so we know what are the toughest issues to address in the case, which issues are most important to you and setting realistic expectations. If we believe that the potential client is realistic in their case goals, we will discuss our retainer and hourly rates. The most common case is a case where both parties want the divorce but there are major issues to resolve such as child custody, property division, alimony, child support and so forth. Knowing that you and your spouse want to get divorced is the easy part, it is often the other issues that make a case contested.

The only time a case is uncontested is when ALL issues are agreed to and the parties want that agreement either in writing or are waiving any interest in assets or there may be no assets to divide. We then process the legal paperwork, make the agreement, and upon execution, we submit the case to one of the Hudson or Essex County Judges for a signature and official court seal. In Hudson County, court appearances may be waived if the correct paperwork is submitted. Information concerning uncontested and no-fault divorces are here.

Visit our frequently asked questions concerning divorce cases here.Regardless if your case is contested or uncontested, we know how to handle the situation. Contact the divorce lawyers at the Artusa Law Firm of Jersey City today on  201-706-7910.

7 REASONS TO GET A DIVORCE-DOMESTIC VIOLENCE

Domestic Abuse/Violence in New Jersey and leaving your partner/spouse. Views from the inside. Views from the inside is a blog by Hudson County New Jersey Family Law and New Jersey Divorce Lawyer Santo Artusa and what he sees as a divorce/family lawyer, father, husband, family man, a businessman in Jersey City, New Jersey.

Sadly, New Jersey is a no-fault state in terms of divorce. However, that does not mean you cannot file for divorce in Hudson County New Jersey Family Court based on extreme cruelty and for other reasons that include domestic abuse/domestic violence, a sad reality that remains in our country and is culturally accepted in some cultures but not in this office and not in the courts. If you hit my daughter, you are dead. As a Jersey City-Hudson County divorce attorney, I have seen and handled many difficult situations and I know I can help you if you are ready to.  Domestic abuse is not just about women it’s also about men being mentally and physically abused. It is not a weakness to be hit and not fight back, it is not a weakness to admit someone abuses you in one way or the other. It happens every day to both genders and it must be stopped and you must get our before the worse two things happen: 1. Your kids see this behavior and 2. You get killed or you kill your spouse defending yourself.

Below are 7 reasons to file for divorce or consider when you seek a divorce in New Jersey and domestic violence/abuse is involved.

  1. First, if you are in the early stages of your marriage and there is domestic abuse already and you do not have children, why stay in the marriage? Get out while you are young and while you have need been harmed for that long.
  2. The longer you stay, the harder it is to leave.
  3. If your spouse abuses you, and you have children and they witness this, they are more prone to be abusive or be in an abusive relationship, is that fair? No its not.
  4. You may believe you can shield your kids or family from the abuse you feel inside but your family will know you are suffering because of the intensity of it. This will hurt you and your health.
  5. Be fair to yourself. Respect yourself. Do not let anyone hit you, mentally abuse you. Life is too short to live that way. Begin to take positive steps.
  6. You can always file for a restraining order to get your spouse out of the home to protect yourself. If the abuse is more verbal, you can still do that but if you feel physically safe it may be best to just file the divorce and handle the next steps that way.
  7. You can still obtain a divorce based on abuse/extreme cruelty even if you never called the police. The fact is many people never call the police in a domestic abuse/violence situation. Many people are scared and or ashamed. We can help you and advise you.
  8. Does your spouse take advantage that your family lives in another country or far from the marital home/apartment? I see this a lot where a spouse takes advantage of the fact that the wife/husband’s family, close friends live in India, Pakistan, China, France, Italy, parts of Africa.

Divorce is rarely a pleasant experience but nor is surgery but when you have to get rid of the cancer in your body, you must do what you have to do to save yourself. As the tension rises between you and your spouse, only bad things can happen from there if you do not begin taking steps to get out of the marriage. If you are ready to file for divorce and/or can no longer take the abuse or fake accusations of abuse, contact my Jersey City family law team on 973-337-9643 today for a confidential appointment.

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HOW MUCH ALIMONY MUST I PAY? NEW JERSEY DIVORCE LAWYERS

View from a divorce lawyer in New Jersey concerning what some men and women call the freedom tax-ALIMONY—-You may get mad, you may be angry after you read this or you may be slightly relieved as to how much alimony you must pay to your spouse in New Jersey or if you are the dependent spouse, how much you can obtain in a New Jersey divorce court. As it depends on a case by case basis and alimony is not automatic in any divorce in New Jersey, as a Jersey City divorce lawyer that handles both contested and amicable divorces, I will explain the key factors in determining how much if any alimony you may have to pay because of the divorce.

First, lets assume your case is a case that can be deemed an alimony case. A case where there is a significant income gap between the spouses and that the marriage is more than 2 years (2 years is not the starting point by law, alimony can be awarded in shorter marriages and in some cases will not be awarded in marriages lasting only two years).

Ok, so you have an alimony case. For example, you earn $150,000 per year and your spouse does not work. Your spouse has not worked the entire marriage. However, prior to your marriage, your spouse earned $75,000 per year or even if your spouse did not work and has the ability to work a certain job because he or she has a Masters Degree from Rutgers University (My Law School Alma Mater). What we would do then is seek employment statistics and/or use the United States Census data for the Northeast region to come up with a reasonable imputed income to use for the alimony and/or child support calculations because the court will not use zero for your spouse’s income especially if the marriage is less than 20 years. So, let us stay with $75,000. Again, while there is no absolute calculation, the court will try to see how the parties lived (to come up with or understand the economic lifestyle led). This is essentially the household budget, entertainment, a savings component, etc. Due to this, the alimony number can range dramatically but let us use what many call the “rule of thumb 1/3 rule.” This essentially means if you subtract your spouses 75k from your 150k, leaving 75,000 which you multiply by 33% and that will give you around about number as to how much alimony may be. Again, alimony is not automatic, there are ways around alimony if you have assets but if you do not want to give more assets away and there is a sizable income gap, it could be an alimony case in reality. Now, alimony is a tax deduction for the payor and the more alimony you pay, the less child support you will pay which is a straight calculation (New Jersey Child Support Guidelines).

If you are facing a divorce or want to file for divorce in Hudson County, Essex County, Union County or beyond, my team and I at the Artusa Law Firm of Jersey City can help guide you every step of the way. Contact us on 973-337-9643 to discuss your case.

PAINLESS DIVORCE in New Jersey? DOES IT REALLY EXIST? YES IT CAN

Jersey City Divorce Lawyers and Family Law Attorney******It is Really true…stress-free, painless divorce in New Jersey-Jersey City-Artusa Law Firm! Jersey City Divorce Attorney Santo Artusa is ready to help you obtain the divorce judgment you want and for you to restart your life. We can help you get the divorce you want today! While we know it has taken time for you to decide that this is the right thing to do and you have brought yourself to our website seeking suggestions and answers about matrimonial law. As attorneys, We are here to help you navigate through the sometimes difficult and annoying family court process and the divorce waters.

Some may have heard of the painless divorce in New Jersey or the amicable divorce/uncontested divorce, similar to the tooth fairy, Santa Claus, having a cavity that is not painful, all with disbelief but it is possible to obtain a divorce without suffering and without pain, really it is true. If you want a divorce to be civil, we can help you keep it that way and get divorced with dignity! Picture that final judgement in hand and sooner than you think it will happen. All you have to do is take the first step and call 973-337-9643.

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CAUTION! YOU MAY FEEL HOW SHE LOOKS WHEN YOUR DIVORCE GOES THROUGH! OR YOU MAY HAVE THE CONFIDENCE TO APPROACH HER FOR A DATE! CAUTION!

What it takes to have a painless divorce is a clear plan and being willing to let certain things go if your spouse is not in agreement. If your spouse is in agreement, my staff and I can handle everything for you and will never have to enter a courtroom, ever! We can help you avoid the bickering, the uncomfortable feelings in court, the dreaded negotiations and extensive unnecessary paperwork if you are ready to move on with your life and only seek a divorce. A divorce without complications, a divorce without hate, a divorce with civility. We can help you immediately. A painless divorce can involve child custody, parenting time, child support, division of assets, alimony, it really depends on the facts of your situation and what you want to do. We can represent you the entire time during the case or if you and your spouse choose mediation, we can work as the independent mediator for your case and make it as painless as possible. The pain usually comes when a complete stranger in a packed courtroom makes decisions that will affect you, your spouse and if you have kids, for a very long time. Why risk that? We can help you 100% of the way and make sure your dissolution of marriage and final decree are ordered by the family court.

If you are unsure if the divorce will be painless, we can guide you as to how to have a painless case in New Jersey. Your attorney is there to guide you and to protect your interests but in the end, it is up to you, the client as to what you want and if it is legal and ethical, we will do it. We will explain what you may be able to obtain, what you can waive, what you may not, how fast you can be divorced, how soon after you can get married, etc. We are here ready to help you move on with your life in the easiest, most painless way possible. Jersey City Divorce Lawyer Santo Artusa is skilled in negotiations and treating people with respect during a divorce.

Our office (The Artusa Law Firm)  is located at 26 JOURNAL SQUARE, 6TH FLOOR, Jersey City, NJ 07306 and we work by appointment only and offer times during business hours and after hours and weekends as well depending on the case. We can be reached on 973-337-9643.