Domestic Violence

Are You a Victim of Domestic Violence?

Or have you been charged with domestic violence?

Domestic violence is a serious event that should not be taken lightly. If you are either a victim or defendant, you should have representation at all levels. Obtaining a restraining order is a two-step process in the State of New Jersey. The first hearing, held ex parte, will be used to determine whether a Temporary Restraining Order (TRO) should be issued. If the Court determines that the alleged victim is in danger of domestic violence and needs protection, the TRO will be granted. Once issued, the Final Restraining Order (FRO) hearing is scheduled within ten (10) days of the TRO. If the aggressor is found to have committed an act of domestic violence, an order is entered, the aggressor is fingerprinted, and the order is registered in the state and national domestic violence databank.

In addition to Family Court, there may be criminal charges associated with the acts of domestic violence or violating any restraining order. Both the TRO and FRO require a showing of three factors: (1) the victim must be a "victim" as defined under the Act; (2) the defendant must have committed one of the 14 acts constituting domestic violence; and (3) the victim must have satisfied one of the criteria set out in N.J.S.A. 2C:25-28(f), (g), or (i).

There are a few options related to restraining orders which should be discussed with your family lawyer prior to your court appearance. Call Berg & Pearson PC today for your FREE initial telephone consultation!

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