New Jersey Domestic Violence and Restraining Order Attorney
By necessity, domestic violence cases move fast. Whether you need protection or you have been accused of domestic violence, you need an attorney who can keep pace. Bronzino Law Firm understands the urgency of these cases, and Peter J. Bronzino makes every effort to be available when circumstances are urgent. We serve clients throughout Monmouth County and Ocean County from our office in Manasquan.
If you are in immediate danger, call 911. New Jersey’s statewide domestic violence hotline is available 24 hours a day at 1-800-572-SAFE (7233).
If You Need Protection From Domestic Violence
If you have been subjected to domestic violence by a spouse, partner, or other protected person, we can move quickly to help you. We can guide you through the process of seeking a temporary restraining order (TRO), attend the final hearing with you, and present your case for a final restraining order. A TRO can be sought through the Family Division of the Superior Court or, after hours, through local police.
If You Have Been Accused of Domestic Violence
If you have been accused, it is important to act right away to protect yourself and your rights. Some allegations are disputed, and false accusations can arise during a divorce or custody dispute. Others may be based on misunderstandings. Whatever the case, a restraining order can have serious and lasting consequences, and you have the right to present your side at the final hearing. We can help you prepare and defend you at that hearing.
What Counts as Domestic Violence in New Jersey?
Under New Jersey’s Prevention of Domestic Violence Act, N.J.S.A. 2C:25-19, domestic violence means one of the following offenses committed against a protected person:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order that constitutes a crime or disorderly persons offense
- Any other crime involving risk of death or serious bodily injury to a protected person
- Cyber-harassment
The Act protects adults and emancipated minors abused by a spouse, former spouse, or present or former household member. It also protects a person of any age abused by someone they share a child with, are expecting a child with, or have had a dating relationship with. Anyone can be a victim or an accused party, regardless of gender.
How Restraining Orders Work in New Jersey
While the acts of domestic violence are defined by the criminal code, a restraining order case is heard in the Family Part of the Superior Court. It is a civil proceeding with a lower burden of proof. The allegations must be proven by a preponderance of the evidence.
- Temporary restraining order. A judge can issue a TRO after hearing from the person seeking protection, before the other party appears.
- Final hearing. The hearing must be held within 10 days after the complaint is filed, so there is little time to prepare.
- Decision. The judge hears testimony from both parties and decides whether domestic violence occurred and whether to issue a final restraining order.
When deciding, the court considers factors such as any prior history of domestic violence, immediate danger to a person or property, the best interests of the victim and any child, and any pattern of coercive control.
What a Final Restraining Order Can Do
The implications of a final restraining order can be far-reaching, especially when there is a divorce or a custody issue. The order may address:
- No-contact and stay-away terms
- Exclusive use of the home
- Temporary custody and parenting time terms that protect the parties and children
- Emergency child support or other financial relief, which can relate to financial abuse
- Compensation for losses, attorney’s fees, and counseling
- A ban on possessing firearms and other weapons
A defendant is also photographed and fingerprinted and must pay a penalty of $50 to $500. A final order can be dissolved or modified only for good cause, by the judge who issued it or a judge with the complete record.
Violating a restraining order is a criminal offense. A second or later nonindictable domestic violence contempt conviction carries at least 30 days in jail.
A domestic violence incident can also lead to separate criminal charges, which are handled in criminal or municipal court. Our firm’s role is limited to the family court restraining order matter and related family law issues.
Domestic Violence FAQs
How long does a temporary restraining order last in New Jersey?
A TRO generally remains in place until the final hearing, which must be held within 10 days after the complaint is filed.
Can you get a restraining order against a dating partner?
Yes. The Act covers people who have had a dating relationship, even if they never lived together.
What is the burden of proof for a restraining order?
The allegations must be proven by a preponderance of the evidence, which is lower than the standard in a criminal case.
Can a restraining order affect child custody?
Yes. A restraining order can include temporary custody and parenting time terms, and a history of domestic violence is a factor in New Jersey custody decisions.
Contact a Domestic Violence Attorney in Manasquan
It is essential to act quickly, as domestic violence cases are among the fastest-moving matters in New Jersey courts. To schedule a free and confidential consultation, call (732) 812-3102 or contact us online.
