Domestic Violence

New Jersey Domestic Violence Attorneys

Domestic violence occurs when someone you have a domestic relationship with abuses you in some way, whether it be through harassment, physical violence, or some other prohibited conduct. When someone commits any or all of this conduct and there is a qualifying relationship between the victim and the perpetrator, it may enable the victimized party to obtain a restraining order. This relationship includes:

• A family member
• Household member
• Person with whom you have a child in common
• Person with whom you have a dating relationship

Some examples of domestic violence behavior are:

• Assault — when a person causes or attempts to cause you bodily injury
• Criminal mischief — when a person intentionally damages your property (e.g., the abuser throws a rock through your window, breaks down your door, or slashes your car tires)
• Harassment — when a person contacts you or communicates with you at extremely inconvenient hours, in offensive language, or in another way likely to cause you harm (e.g., your spouse calls your phone every hour throughout the night, trying to convince you to come back to them even though you already told them that you never want to see them again)
• Stalking — when a person intentionally and repeatedly follows you and intends to annoy you, threatens you, or makes you afraid for your safety

When you are a victim of domestic violence, you may seek a restraining order against the person abusing you. A restraining order is a civil order issued by a judge, either at the courthouse during courthouse hours or at a police station when the courthouse is closed. A restraining order provides protection from the abuser for you and your family.

When you seek a restraining order and one is issued, it is only temporary. This order is based only on your side of the story, without the judge hearing the abuser’s side of the story. As a result, after you receive a temporary restraining order, a final hearing will be scheduled within 10 days to allow the court to examine all of the evidence and determine whether a final restraining order should be granted.

If after this hearing, a judge finds that the abuser did commit an act of domestic violence, and there is a need for further protection, the temporary restraining order will become final. A final restraining order can last forever or until one of the parties files a motion with the court to end or change the order.

If you have been subjected to an act or acts of domestic violence, and you have obtained or are considering obtaining a temporary restraining order, we are available to assist you through the process and try the case on your behalf. Given the complexities of domestic violence issues and restraining orders in New Jersey, we advise you to contact one of our experienced family law lawyers or criminal attorneys at Einhorn Barbarito today by calling 973-627-7300 . We handle domestic violence issues throughout New Jersey.

Contact a New Jersey Criminal Defense Lawyer to Combat Domestic Violence Allegations

If you are accused of committing an act of domestic violence, it should be taken seriously. Although a restraining order is a civil order, a violation of the order is a criminal offense. A host of negative consequences can also flow from a restraining order being issued against you. If a restraining order has been entered against you, we advise you to contact one of our criminal attorneys at Einhorn Barbarito today by calling 973-627-7300. We handle domestic violence issues throughout New Jersey.