FACING A RESTRAINING ORDER OR DOMESTIC VIOLENCE CASE IN JERSEY CITY NEW JERSEY OR BEYOND? CONTACT THE JERSEY CITY DOMESTIC VIOLENCE LAWYERS AT THE ARTUSA LAW FIRM TODAY.
Whether a victim or defendant in New Jersey, we will analyze your situation and tell you about your best options. Contact us today, you really do have options.
The thin line between love and hate is no more apparent than in the NJ family courts where domestic violence, divorce cases and child custody disputes are heard. People that once professed their love for each other are now saying they want to kill someone or are being threatened. NJ Domestic Violence and/or Restraining Order Cases in New Jersey show how arguments can get out of control and how some people cannot handle breakups or divorces very well, leading to some moments of regret and the issuance of a NJ temporary restraining order. It happens everyday. These orders can be a result of one act and may not be enough for a final restraining order to be issued or it can be a result of many incidents that led to this latest domestic violence incident. The Jersey City team at the Artusa Law Firm can help you if you have a restraining order/domestic violence issue in Hudson County, New Jersey.
Have you been accused of domestic violence in Hudson County-New Jersey or are a victim of domestic violence seeking a New Jersey final restraining order in Jersey City?
- Are you seeking a domestic violence lawyer in Jersey City, New Jersey? A restraining order lawyer in Jersey City? We can help.
- Do you have a court date for a New Jersey final restraining order hearing in Jersey City Family Court? We will help you.
- Have you been arrested for assault, criminal mischief, harassment, stalking, terroristic threats in Jersey City, Hoboken or Bayonne?
- Have you been served with a New Jersey Temporary Restraining Order in Hudson County, NJ?
In New Jersey, Harassment is one of the acts covered in the New Jersey Prevention of Domestic Violence Act and one of the most used in obtaining a temporary restraining order against someone in the family courts of New Jersey. Jersey City-NJ Harassment and Domestic Violence Attorney Santo Artusa Represents people in the criminal and family law aspects of domestic violence/restraining order cases in Jersey City/Hudson, Passaic, Bergen, Union and Essex County. Simple assault, stalking, harassment, criminal mischief, sexual assault are also some of the crimes covered by the Domestic Violence Act. In Hudson County: Superior Court Judge Mark Baber and Judge Vito Sciancalepore hear final restraining order cases. Working with an experienced domestic violence attorney in New Jersey is very important for your case, whether you are seeking a final restraining order or are defending against one. An experienced New Jersey domestic violence attorney will help you understand which witnesses need to be called to have certain evidence entered and considered by the Judge, which evidence to use, how to attack a witness’ credibility on cross-examination, how to tell the Judge your side of the story in a logical and understanding flow. Jersey City domestic violence attorney Santo Artusa and his team have that experience and can help you with your case. Simply showing a picture or pictures without definitive dates as to when the pictures were taken, by whom, who witnessed the act, the bruising, etc. Details, details, details and calling witnesses can make or break your case in a Domestic Violence court.
A temporary and a final restraining order can be issued if there is a finding of harassment or other crime and when the other factors are present to issue a final restraining order are met in New Jersey. If you have been served with a New Jersey temporary restraining order or arrested for a New Jersey domestic violence related crime in Jersey City, Newark,Hackensack or elsewhere in New Jersey, contact us today on 201-706-7910.
HOW CAN I DEFEND AGAINST A NEW JERSEY TEMPORARY RESTRAINING ORDER CASE?
While it can be very easy to obtain a temporary restraining order in New Jersey because it is obtained ex-parte, that does not mean it is easy to obtain a New Jersey final restraining order against someone. We can help you defend against domestic violence claims and the need for a New Jersey final restraining order. We will try to decipher what really happened, which evidence and witnesses are reliable, which witnesses we should call if any, which evidence we should present, etc. How to cross-examine witnesses and how to conduct direct testimony in a way that a domestic violence/ restraining order Judge can easily follow the case. In a final restraining order hearing, your accuser must face you or face the judge when giving testimony and you have the right to cross-examine the “alleged victim” in the case over the accusations he or she is making against you. You also have the right to testify, you have the right to present evidence, you may also have the right to bring a cross-claim for a restraining order against the alleged victim if he or she committed an act of domestic violence against you. It is very important to remember that non-violent acts can be considered acts of domestic violence in New Jersey (harassment, stalking, threats, criminal mischief, burglary). When defending against any claim in civil or criminal court, it is important to paint a picture for the judge of all the factors and events that may have led to the alleged incident. It is also important to know how to act while in court and while someone maybe testifying falsities against you, the Judge is the Jury and the Judge is watching you. The domestic violence defense team at the Artusa Law Firm are experienced in restraining order and domestic violence defense work in New Jersey. Contact our Jersey City office on 201-706-7910.
IF I LOSE A RESTRAINING ORDER HEARING IN NEW JERSEY, WILL I GO TO JAIL?
No. The restraining order hearing is a civil procedure and jail is not part of the penalties. If you lose the criminal case for the domestic violence crimes, you may be subject to jail time and a criminal record.
WHAT IS CONSIDERED DOMESTIC VIOLENCE IN NEW JERSEY?
Domestic violence is the occurrence of one or more criminal acts such as homicide, assault, terroristic threats, kidnapping, stalking, false imprisonment, sexual assault, lewdness, criminal trespass or mischief, harassment or burglary upon any person who is 18 years or older, who is an emancipated minor or any person who has been subjected to domestic violence by a spouse, a former spouse, any other person who is a present or former household member or a person with whom the victim has a child in common. A person who has suffered from domestic violence and is in fear, can obtain a temporary and possibly a final restraining order against the defendant. If you a victim of domestic violence and seek to file for a restraining order visit here.
IF I AM FOUND GUILTY OF COMMITTING A CRIMINAL ACT COVERED BY THE DOMESTIC VIOLENCE ACT, IS A FINAL RESTRAINING ORDER MANDATORY?
No. There are many factors that need to be considered before a final restraining order is issued in New Jersey.
Where are Final Restraining Order Hearings Heard in New Jersey?
In The local Superior Court-Family Division/Domestic Violence Unit Building
In Hudson: 595 Newark Avenue, Jersey City, NJ
In Essex: 212 Washington Street, Newark, NJ
In Union: 2 Broad Street, Elizabeth, NJ
In Bergen: 10 Main Street, Hackensack, NJ
In Somerset: 20 North Bridge Street, Somerville, NJ
In Passaic: 401 Grand Street, Paterson, NJ
In Middlesex: 120 New Street, New Brunswick, NJ
In Morris: 56 Washington Street, Morristown, NJ
In Mercer: 175 S. Broad Street, Trenton, NJ
In Monmouth: 71 Monument Park, Freehold, NJ
WHERE CAN THE DOMESTIC VIOLENCE CRIMINAL CASE BE HEARD?
The New Jersey domestic violence criminal cases can be heard in superior court, they can also be downgraded and heard in the local municipal courts. The civil aspect of the case (the restraining order) will be heard in the local Superior Court. While the New Jersey Superior courts are located in the county seats and are home to the family divisions that hear temporary/final restraining order domestic violence hearings in New Jersey the situation could have happened anywhere in the County you reside in and the criminal case may be heard in any of the following municipal courts including but not limited to: Jersey City, Elizabeth, North Arlington, North Caldwell, Hoboken, Union City, Union, Somerville, Watchung, Alpine, Tenafly, Far Hills, Essex Fells, Woodcliff Lake, Freehold, Bridgewater, Warren, Whippany, Morris Plains, Clark, Hasbrouck Heights, Livingston, Teaneck, Mendham, Rumson, Summit, North Bergen, Guttenberg, Westfield, Weehawken, Edgewater, Bayonne, Wayne, Lodi, Roselle, Lincoln Park, Harrison, Fort Lee, New Brunswick, East Brunswick, Chatham, Oakland, Passaic, Paterson, Linden, Woodbridge, Morristown, Madison, Millburn, Maplewood, East Orange, West Orange, South Orange, Orange, Newark, Nutley, Belleville, Bloomfield, Verona, etc. The police may have come to the home or the temporary restraining order may have been filed out/applied for at the County courthouse during court hours.
IS THERE A DIFFERENCE BETWEEN A MARITAL ARGUMENT AND DOMESTIC VIOLENCE?
Yes. We can try to show the court how an argument does not rise to the level of domestic violence. All couples argue, some argue much worse than others but again that does not automatically mean that the argument or arguments are domestic violence and require a final restraining order in New Jersey.
WHAT OTHER FACTORS DOES A NEW JERSEY COURT CONSIDER ON WHETHER OR NOT TO ISSUE A FINAL RESTRAINING ORDER?
- The age of the parties.
- Whether the parties must be in communication (have children).
- The history of domestic violence, whether reported or unreported.
- The nature of the current alleged offense, whether medical help was needed.
- The financial circumstances of the parties
- The best interests of the victim and any child
- The existence of a verifiable order of protection from another State/City
- The existence of immediate danger to person and/or propertyIt is very important to bring the entire event and events that led up to the temporary restraining order so the Judge can understand if the alleged victim had a motive or has a motive to seek a final restraining order in New Jersey.
For a confidential appointment to discuss your legal situation, contact the Artusa Law Firm on 201-706-7910.