Domestic Violence Lawyer

The NJ Domestic Violence Act is designed to protect people from abuse or threatened abuse in domestic situations.  If you or someone you know is experiencing an abusive relationship, it’s important to know that help is available. What is domestic violence? –  The NJ Domestic Violence Act applies to certain criminal acts when they’re perpetrated by someone in an intimate relationship with you. These crimes may include:

  • Assault
  • Terroristic Threats
  • Sexual Assault
  • Criminal Mischief
  • Harassment
  • Stalking

To be accused of domestic violence, the defendant has to be at least 18 years of age, or emancipated, and have had a specific relationship now or previously, with the victim. Gender of the parties does not matter. Although the majority of domestic violence victims are women, men can be victims as well.  The relationships covered include: Marriage, separation, divorce, living together now or previously, and someone you’ve dated or had a child with. If you have any doubts about whether you’re experiencing abuse, seek help. You can arrange for a confidential consultation with an attorney with experience handling NJ domestic violence cases. They can make you aware of your legal rights and options, and also talk to you about other sources of help for domestic violence victims.

Call our firm today at (201) 331-6900 for a confidential complimentary consultation regarding domestic violence allegations. We’re here 24/7 to answer your call.

NJ Domestic Violence

What to Do When Wrongly Accused of Domestic Violence

While there are thousands of legitimate NJ domestic violence cases each year, there are also some that involve people being falsely accused. It can be a cause for frustration, but it can also turn into a legal battle that can change the course of one’s life. Being found guilty of domestic violence can immediately impact your home, your family, your work and your future. It is important for those who are wrongly accused of an NJ domestic violence charge to take it very seriously and address the accusation without delay. Here are some tips for those who have been wrongly accused:

As difficult as it may be, try to remain calm. Elevating the fight may do you more harm. Also, be sure to not say or do anything that can be misinterpreted. Speak to a family law attorney who can educate you on your rights.

Try to gather any proof you may have that you have being wrongly accused. This may include finding credible witnesses, recordings or documentation. Make sure to keep a written account of everything that has happened.

Find those who support you. Being wrongly accused of an NJ domestic violence charge can be nerve-wracking, so you need to be around those people who will emotionally support you during this time of need.

Find a well experienced family law attorney who can help you defend yourself and restore your good name.

Being wrongly accused of an NJ domestic violence act is often created by one spouse trying to gain leverage in a divorce matter. Some people will try to use false domestic violence charges to better their chances of success regarding divorce issues such as child   custody or visitation. These issues can be fought and won, but it will require keeping your cool, gathering the facts, and working with someone who knows the New Jersey domestic violence laws inside and out.

Restraining Orders

If you’ve been the victim of domestic violence, one of your first avenues of protection can be a restraining order. In NJ, domestic violence victims are protected under the Prevention of Domestic Violence Act. The law applies to abuse or threatened abuse from your current spouse or person you are dating, an ex, or someone who is a current or former household member. If you fear you are in danger from domestic violence, you can apply for a restraining order. You can appear on your own at the family division of the county court, where you will fill out papers. the clerk can provide you some assistance in filling out the necessary paperwork. You will then speak with a judge and if the judge finds good cause that you have been subject to domestic violence, the judge will issue a Temporary Restraining Order (TRO). Please note that if you feel you need a restraining order in the evenings or on the weekends, you can go to your local police station for assistance. The TRO is designed to provide temporary protection from the abuser until a full hearing can be held and a final order entered, if appropriate. The TRO will be issued based on your sworn testimony. The judge can include a number of protections in the TRO, including forbidding the abuser from approaching you or your family, forbidding the abuser from entering the home, or other measures as needed. Ten days after the TRO is issued, there will be a hearing where the accused abuser has a chance to respond. If the judge finds cause, a final restraining order can be entered for an indefinite period of time. In NJ, domestic violence is taken very seriously. You may want to consult an experienced NJ domestic violence lawyer  to help you understand your rights, obtain permanent protection and help you end the relationship.

Protecting yourself from NJ domestic violence

Divorce and other family law proceedings can get ugly.  It is an unfortunate reality that many people end up suffering as a result of NJ domestic violence that has either lead to family law court cases or applications for divorce.  While this will be an extremely difficult time for the victim and any children involved, there are some essential steps that need to be taken in order to protect yourself and your loved ones.

Victims of NJ domestic violence should always contact the police and file criminal charges.  Even though this may seem like a harsh thing to do, especially if your former spouse has never had a history of violence in the past, it is an essential step in order to ensure your safety.  Difficult family law cases can end up causing huge resentment between both parties and can definitely cause changes in an abuser. By contacting the police and filing charges, you open up a number of possibilities for both protection and evidence that may help you during your divorce, child custody or restraining order proceedings.

Next you will need to contact your family law or divorce lawyer to investigate the next step in protecting yourself from NJ domestic violence.  Filing for a temporary restraining order is something that can be done on your behalf and presented to a judge in family law court. If the offence happened outside of business hours, on the weekend or during statutory holidays, the police can contact an on-call judge to consider the application and issue and emergency restraining order.

The Law Office of Jae Y. Lee, LLC will be able to offer you guidance on how to proceed after NJ domestic violence takes place.  They can offer advice on how to proceed with your current case, file divorce papers or seek custody in the best interest of your children.

Call our firm today at (201) 331-6900 for a confidential complimentary consultation regarding domestic violence allegations. We’re here 24/7 to answer your call.

THE TRUE CONSEQUENCES OF DOMESTIC VIOLENCE ALLEGATIONS

Domestic violence allegations alone may have the following consequences for a defendant in New Jersey:

Domestic violence allegations alone may have the following consequences for a defendant in New Jersey:

  • An order of protection or restraining order issued against the alleged offender.
  • Misdemeanor or felony charges for domestic abuse.
  • Temporary or permanent loss of child custody or visitation rights.
  • Seizure of any weapons owned by the alleged offender.

If a defendant is formally charged and convicted, he or she may face imprisonment and heavy fines. There is no question that a domestic violence conviction can have a tremendous, lasting impact on every area of your life. As an Englewood domestic violence defense lawyer, Jae Y. Lee fights to help his clients avoid these consequences. He and our team take a practical but thorough approach to offer reasonable rates without sacrificing quality.

Do not allow your future to be threatened by false or exaggerated domestic violence allegations. Call a domestic violence defense attorney who can protect your rights and defend your liberty. At The Law Office of Jae Y. Lee, LLC, our team can work to help you get on the road to an acquittal or dismissal of charges.

Our attorney advocates for both victims of domestic violence, and those charged with domestic violence. We help battered spouses file domestic violence complaints, obtain restraining orders, file for divorce, obtain child custody and support, and assist in the pursuit of criminal charges against the spouse that caused you harm.  We handle domestic violence cases in and around Northern New Jersey including Bergen, Hudson, Morris, Passaic, Essex and Union counties.

Call our firm today at (201) 331-6900 for a confidential complimentary consultation regarding domestic violence allegations. We’re here 24/7 to answer your call.