Domestic Violence

Domestic violence consists of one or more offenses inflicted upon an individual protected by the Domestic Violence Act.

There are four types of relationships to which the New Jersey Domestic Violence Act applies: (1) spouse or former spouse; (2) current or former household member; (3) past or present dating relationship; (4) mother or father of a child or an expected child.

For a restraining order to be issued, a person must have committed one of 12 enumerated offenses, including assault, harassment, burglary, or criminal trespass.

Are You a Victim of Domestic Violence?

Domestic violence is a crime. If you are in immediate danger, call the police. They will inform you about how you can obtain the legal protections that are put in place to protect you. As a victim of domestic violence, you have the right to ask a judge to issue a temporary restraining order (TRO), which may help protect you from further abuse. A TRO can stipulate that the abuser is temporarily forbidden from (1) entering the home, (2) having contact with you or your relatives, including the children, and/or (3) bothering you at work. A TRO can also provide for temporary custody of your children and require the abuser to pay temporary support. You can obtain a TRO by contacting the police or the Family Part of the Superior Court in your county during regular business hours.

In some cases, the police are required to file a criminal complaint against the abuser. If the police do not file a criminal complaint, you also have the right to do so.

Our team have experience prosecuting restraining orders against abusers, and we know what the judge and the law requires as proof in order to issue a restraining order. If you are a victim of domestic violence, you need to act quickly to protect your own physical and mental health, as well as the health and safety of those you love. For assistance in obtaining a TRO or a Final Restraining Order (FRO), call The Mark Law Firm. We can start protecting you from the moment you call our office.

Have You Been Accused of Domestic Violence?

If you have been accused of domestic violence, it is critical to have an experienced attorney on your side to protect your legal rights. Failing to respond or to adequately respond will lead to an FRO being issued against you. An FRO can have lasting effects on your personal and professional life. If an FRO is issued, you will be required to submit your fingerprints, and you will also be listed in the Administrative Office of the Courts registry for domestic violence offenders with restraining orders. Additionally, you will be required to forfeit your rights to own a firearm and may be required to surrender other weapons in your possession. Most importantly, you can be required to vacate your home, and you may face significant restrictions that limit your rights to and contact with your children.

Domestic violence is a unique area of family law, in which you may be required to defend yourself against accusations with very limited time to prepare. If a TRO has been issued against you, an FRO hearing must be held in Superior Court within 10 days of the issuance of the TRO. It is vital to obtain experienced representation for such a hearing. Without proper preparation and representation, you subject yourself to a greater risk of the severe and permanent restrictions of an FRO.

For experienced assistance with domestic violence issues, contact your New Jersey domestic violence lawyer for an initial consultation. Mark | Lavigne, LLC provides legal services to all of Ocean and Monmouth Counties in central New Jersey and to Somerset, Essex, Hunterdon, Union, and Middlesex Counties.