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.


Union County Domestic Violence and Restraining Order Lawyer
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.

Divorce Lawyer
Divorce and Domestic Violence lawyer in New Jersey

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.