Somerset County Domestic Violence Lawyer
Also Serving Somerset, Morris, Union County, Middlesex & Essex Counties
If you’ve experienced violence at the hands of a member of your family, you can take action. There are legal steps you can take that deter the aggressor from harming you again. If you need help, Lane & Lane, LLC can be your guide through the process of obtaining an order of protection or through neglect and removal proceedings. We’re the Somerset County domestic violence lawyers you want for compassionate legal assistance. Continue reading to receive more information about our services and to learn the laws of domestic violence in NJ.
If you need legal help for domestic violence, call (908) 259-6673 to request a free consultation.
Who Can be a Victim of Domestic Violence?
Various criminal behaviors constitute domestic violence if they are committed against a close family member or a person the aggressor lives with.
The following people can be charged with domestic violence in New Jersey:
- A spouse or former spouse
- A member of the same household, either currently or ever in the past
- A boyfriend, girlfriend, or former boyfriend/girlfriend
- The other parent of your child
If any of these people has ever harassed, stalked, assaulted, threatened, criminally restrained, kidnapped, or forced unwanted sexual contact on you, or trespassed or broken into your home, you have a basis for a domestic violence charge and for filing for an order of protection.
We are also able to provide legal defense for false allegations of abuse.
Restraining Orders in Somerset County
A restraining order is a civil protection order that the court issues to keep an abuser away from a victim of domestic violence — this may include the home, workplace and more. The abuse may include verbal, physical and mental or psychological abuse.
Depending on what the judge specifies on a restraining order, a domestic violence victim can obtain several levels of protection:
- Contact in any manner — by phone, in person, at work, home or anywhere else — may be forbidden.
- The court can require the abuser to vacate the residence, even if it is in his or her name.
- The abuser may be ordered to pay expenses related to domestic violence such as medical costs, lost income and more.
- The judge may also remove the children from the presence of such a person.
How to Recognize Signs of Domestic Violence
Spotting the signs of an abusive individual may prove challenging, as the level of danger may start out relatively low.
At first, a person may slowly try to alienate the other party from his or her friends and family, which could be a sign of an attempt to gain control. While this can be harmful enough on its own, the intentions of the abusive party may worsen with time, potentially leading to threats of violence and, in some cases, to acts of physical abuse.
By the time a person becomes aware of these abusive tendencies, he or she may feel stuck in the relationship or even fear that leaving will bring about disastrous consequences. The abusive party may also seek to draw them back in by offering apologies and gifts, but these offerings don’t necessarily come with a guarantee the behavior will cease.
While studies suggest that the period shortly after leaving an abusive partner can be dangerous, staying with someone out of fear of the consequences could be much more harmful in the long run.
What Legal Remedies May You Seek As a Victim of Domestic Violence?
If you are the victim of domestic violence, you have the right to file a civil complaint under the “Prevention of Domestic Violence act of 1991,” P.L. 1991, c.261 (C.2C:25-17 et al.), along with a criminal complaint. It is advised to file these immediately, as the civil complaint is designed to protect you and the criminal complaint is designed to punish the abuser.
What is a Temporary Restraining Order?
A temporary restraining order is issued by a judge who is satisfied that demanding circumstances exist enough to excuse the failure of the victim to appear personally and that sufficient grounds for granting the temporary restraining order have been shown. This is usually for victims who need immediate protection from someone until the court hearing.
Orders of Protection
An order of protection, frequently called a restraining order, prohibits the aggressor from contacting the victim. The order may restrict all contact or prevent the aggressor from coming to the victim’s home, school, or place of employment. The order may be temporary or may become final and permanent after a hearing.
Orders of protection can also prohibit the aggressor from owning a firearm. Consequences for violating a protective order may include contempt of court, fines, and jail time.
“He not only took care of all the cases and made sure that I was protected, but also offered great advice during the process.”- Former Client
“He helped me to solve a problem I thought would never be solved.”- Gabriela S.
“He was very effective in getting my case settled and supported me every step of the way.”- April M.
Let us devote our time to your case that can range from divorce, child custody, equitable distribution, domestic violence, and more. We are committed to find an end solution that you and your family can walk away from with peace of mind.