Mark Baber, Judge of the Hudson County Superior Court-Restraining Order Judge

Facing or Seeking A Restraining Order in Jersey City-HUDSON COUNTY? CONTACT THE PROBLEM SOLVERS TODAY, THE ARTUSA LAW FIRM. 

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HOBOKEN-JERSEY CITY    RESTRAINING ORDER LAWYERS
  • Have you been served with a domestic violence/temporary restraining order in Jersey City, Hoboken, Hudson County?
  • Have you been arrested for simple assault? terroristic threats? Or any other domestic violence related crime in Jersey City or Hoboken?
  • Are you seeking a final restraining order in Jersey City against someone?
    Call us today on 201-706-7910 if you seek professional legal representation in the Hudson County Family Court.

As one of the leading Hudson County and Jersey City domestic violence defense Attorneys, I frequently appear before the Honorable Judge Mark Baber who decides whether a temporary restraining order will become permanent and other family law related issues in Hudson County, New Jersey. Judge Vito Sciancalepore  now also hears domestic violence cases in the Hudson County Superior Court. Judge Baber’s courtroom is on the 2nd floor of 595 Newark Avenue, Jersey City as is Judge Sciancalepore. Judge Baber is a very tough judge but who is equally tough to all litigants. The Judge is also very smart as he graduated from the University of Pennsylvania’s School of Law, one of the hardest law school’s in America. When appearing before Judge Baber, it is important to know your case (the exact incidents, times, dates, places, witnesses). Making a mistake as to which date a certain incident occurred or what time, may make your testimony less credible than you may want it to be appear and this can hurt your chances of obtaining a final restraining order. On the flip side, if you are trying to prevent a final restraining order from becoming permanent, you may want to have an attorney that can find weaknesses in the alleged victim’s testimony, ask questions about motive and to try and get to the bottom of the situation to show that a final order is not needed. Whether you are a victim or defendant in Jersey City, it is wise to have an attorney with you to represent your interests in family court. New Jersey Restraining orders can have a lasting impact on your life.

  • Do you have an upcoming court date for a restraining order (final hearing) in the Hudson County Superior Court-Family Division, 595 Newark Avenue, Room 201, Jersey City, NJ 07306?
  • Are you seeking professional legal representation for your case?
  • Do you have a court date in the Jersey City Municipal Court, Hoboken Municipal Court or the Hudson County Criminal Court-CJP-Central Judicial Processing? We can help you today.

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Some of the most important factors in a final restraining order hearing are: the nature of the alleged offenses (harassment, criminal mischief, simple assault, threats, aggravated assault, sexual abuse) and the alleged history of domestic violence between the parties, whether reported or unreported. We can help you go through the temporary restraining order (TRO) to see how we can disprove certain elements and what the alleged victim must prove for a finding to be considered in the final determination at the end of the final restraining order hearing. If you are a victim seeking a final restraining order, we can help you to as we have been successful in representing victims and defendants in Jersey City Restraining Order Cases.

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A final restraining order can affect your life in many ways. It can affect your custody and parenting time, it can affect your job or job prospects, you can be added to a national database , it can affect your immigration. For a victim, it can be life changing to know that a domestic violence abuser cannot contact you anymore, cannot be near you, your home, your place or employment, a tough protection is given to you. Fighting and preparing for a final restraining order hearing is critical, there are no plea deals. On some occasions civil restraints can be entered into to stop contact between the parties and to resolve some other issues (custody, parenting time, who will live in the home/apartment) but either way, you must be ready to conduct the hearing and defend yourself and for victims, to prove your case before the family court Judge. For more information about our services, visit Jersey City Domestic Violence Defense Attorney or Jersey City Divorce Lawyer.  For other information about some of the criminal elements  concerning domestic violence and criminal charges, visit:

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Jersey City Municipal Court Defense Attorney.

Domestic Violence and Criminal Mischief

Harassment Charges and Restraining Order Defense

Violating a Restraining Order in New Jersey

The Artusa Law firm is skilled in representing people in difficult family law and criminal law cases throughout the State of New Jersey but with an emphasis in the Hudson, Bergen and Essex County areas. If you seek professional representation for your case, Contact us today on 973-337-9643. We have offices in Jersey City, Hoboken and Newark, NJ.

DOMESTIC VIOLENCE OR MARITAL ARGUMENT?

New Jersey Domestic Violence Lawyer Santo Artusa and his team have extensive experience in temporary and final restraining order matters in the New Jersey family courts and the New Jersey domestic violence charges in criminal actions that are sometimes filed along with them in New Jersey Superior Court or the Municipal Courts of New Jersey. If you have a restraining order in New Jersey, contact us immediately. Temporary Restraining Orders (TRO) are filed everyday in New Jersey, some with merit, some without. Even violating a temporary restraining order can lead to a violation of a restraining order and criminal charge. The Artusa Law Firm of Jersey City, New Jersey represents people in domestic violence/restraining order cases in New Jersey including but not limited to Passaic County, Bergen County , Middlesex County, Somerset County, Union County, Hudson County, and Essex County.


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New Jersey Domestic Violence Lawyer

A TRO is granted in an ex-parte fashion where the person seeking the restraining order is not cross-examined and the defendant is not there. This can take place at the police station or at the courthouse. Once the defendant has been served with the temporary restraining order, the court will issue a date for the final hearing to be heard. It is important to contact an attorney a final restraining order can have many implications on your life if granted, working with an attorney who knows when to object to certain testimony and evidence will help your case. Furthermore, working with an attorney that helps the court focus on what is alleged in the actual complaint can be critical. The appellate division has reversed cases where a final restraining order was given where the allegations at the hearing were not included in the complaint violating the defendant’s due process. Our Jersey City defense team at the Artusa Law Firm is skilled in domestic violence defense and prosecution in the New Jersey Family Courts, contact us today for a consultation statewide on 201-706-7910 as we represent individuals in every court in New Jersey. We represent individuals who face temporary and final restraining orders and people who are accused of violating a final restraining order in New Jersey Superior Court. For information about the factors that go into the decision as to whether a final restraining order is needed or not in a New Jersey Court, visit our page on: New Jersey Domestic Violence Attorney and Factors.

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DOMESTIC VIOLENCE OR MARITAL DISCORD/MARITAL ARGUMENT?In New Jersey: Another key aspect of a case is trying to prove that the incident or alleged incident was merely a marital argument which every couple can have and not domestic violence or show that the parties have not engaged in a pattern of domestic violence through the course of the relationship. Some litigants bring cases where there spouse calls them names such as, “Bitch” ” Cunt”  “Dirtbag” etc. These words may be inappropriate but these words are on basic television everyday! and unless there is a pattern or rises to another level, we believe it can be defended because it does not rise to the level of domestic violence or for the need of a final restraining order. The essential purpose for an FRO was to prevent immediate harm to person or property, most case today do not fall into that category.

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New Jersey Restraining Order Lawyers

WHAT LED TO THE ARGUMENT?

Furthermore, what led to the argument or incident? Your defense lawyer should be able to solicit these facts from the victim who may seek to try and hide this information from the court to try and portray him or herself as a true victim. Sometimes when people break up or are about to divorce, their emotions take a toll and they say or do things they regret. It is important to show the human side of every client. If you walked in our your spouse or significant other with another person or communicating with someone outside of the relationship, don’t you think its important for the Judge to know what is going on? We do. The thin line of love and hate is no more apparent than in divorce and domestic violence cases. Some things are inexcusable but sometimes they are justified if both parties are arguing back and forth, calling each other names and so forth (or self-defense). Contact us today on 973-337-9643

WHAT OTHER FACTORS ARE CONSIDERED FOR A FINAL RESTRAINING ORDER IN NEW JERSEY?

Lastly, even if the court finds that someone did in fact commit an act of domestic violence, the court must still go through the factors in the case of Silver v. Silver to determine if in fact an FRO is truly needed. Again, the past history between the parties is very important, the current relationship (are they married, do they have kids, are they still connected in some way) are factors that will be used by the court. If you have a temporary restraining order, it is very important to contact an attorney right away because the final hearing is scheduled within 10 days of service or within 10 days of the complaint and you must be ready to defend against it.

CHOOSING THE BEST NEW JERSEY RESTRAINING ORDER LAWYER FOR YOUR CASE

If you have a restraining order case in Hudson, Essex or Bergen County, contact my team at the Artusa Law Firm today on 973-337-9643 for an appointment or phone consultation. We have successfully appeared before Judge Mark Baber, Judge James Paganelli, Judge Criag Harris, Judge Siegal, Judge Mantineo, Judge Ali and other judges who hear domestic violence cases and their criminal components if necessary. For information about all of the legal services we offer visit: Artusa Law Firm of New Jersey. If you would rather email us, fill out our contact form below:

 

For information about where domestic violence restraining orders are heard in New Jersey and where the Artusa Law Firm practices, visit our custom map below:

For directions and information about the Hudson County Superior Court, see below

 

New Jersey Domestic Violence- Spotlight on Criminal Mischief

A recent published case by the New Jersey Appellate Division,  N.T.B. v. D.D.B., the court spent considerable time on if someone who destroys his own property or better yet, marital property is considered criminal mischief with regard to domestic violence. One could argue, how could I be arrested for destroying something that is mine? However, in a divorce or in a relationship, people acquire things  together and just because a marriage is against the ropes or someone is angry does not permit that party to destroy potential marital property. The Defendant argued that he could not be found guilty of committing criminal mischief because it was joint property and not the property of another. The appellate court disagreed with this reasoning. Imagine the breadwinner of the house destroying all of the marital property that is needed to sleep, that is valuable and so forth because the bread winner could simply replace them with his or her money while the party who is dependent could not, that would not be just. During the divorce process, the tension can mount and things could get out of control quickly. It is important to keep the big picture in mind and to know when to walk away from a potentially serious situation that can affect your liberty and custody rights.

Knowing When to Walk Away in Domestic Disputes

Every Couple I know, has fought one way or another, over one thing or another whether it is over finances, infidelity, in-laws, drug and alcohol issues and beyond, people argue, it is part of being a human being. The question is when is it time to walk away? Some times one of the parties need to get up and leave for the short term or leave for good. Some situations can easily rise to the level of no return and that is the last thing anyone needs. If a situation is getting worse and you have expressed your desire to be left alone, to have the person stop contacting you, to stop harassing you or invading your personal space in your home, it may be wise to leave. It could be wise to take a picture of the person who is fighting with you and a picture of yourself especially if you have been hit or physically hurt in anyway. The goal is to be able to walk away before things get violent or arguments happen in front of the children, they do not need to see that.

Domestic Violence includes: harassment, assault, criminal mischief, sexual assault, stalking, terroristic threats, lewdness, criminal trespass, burglary, criminal sexual contact, false imprisonment, kidnapping, criminal restraint, and homicide.

You may be married, you may live together, you may be dating, you may have a child together, either way, when it appears that there is no turning back or you need to protect yourself and seek an attorney to help you through the family law or criminal courts, contact us on 201-706-7910.