When a civil complaint is filed asking for protection in the form of a temporary restraining order, the victim should be as detailed as possible regarding the incidents of violence or harassing behavior. The more detail a victim can provide with regard to actual acts, dates, and places, the more legitimate the complaint may be.  A victim should also note whether the offender has done anything abusive in the past or if the offender has a prior criminal record. These facts are important for the court to consider when deciding to issue an order which will offer appropriate protection for the victim.

When filing the civil complaint, the victim will be given the opportunity to list what action s/he would like the court to take. For example, a victim can ask that the offender not be allowed to have any contact with the victim or the victim’s children, the victim’s family, work or school. The judge will be the one to decide the full extent of any restraining order.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.

A civil complaint is something one individual files against another and asks the court for a remedy. In the case of a domestic violence case, the individual would ask the court for a restraining order.  A restraining order is intended to protect the victim and restricts what the attacker can and cannot do. For example the order may forbid a person from calling, emailing or otherwise communicating with a victim.

The victim must provide their case by a preponderance of the evidence, that it is more likely than not. A criminal complaint is filed by the State against a person for a criminal offense because many of the acts which give rise to a domestic violence complaint arise from the violation of a law, a criminal complaint can also be filed in a domestic violence matter. The burden of proof in a criminal matter is much higher: beyond a reasonable doubt. If a defendant is found guilty, the punishment may be jail time and/or a fine.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.

When an individual becomes a victim of a domestic violence offense, a criminal complaint may alsotown or  be filed. The criminal complaint must be filed in the county where the offense happened.  A civil complaint, on the other hand, can be filed in the county where either the victim or the abuser lives, the county where the offense occurred, or the county of a shelter where the victim stays.

When a criminal complaint is filed, the police may make an immediate arrest or they may forward the matter to the prosecutor’s office if more evidence is needed. Evidence is important in a criminal matter because without any evidence of the domestic violence offense, the offender cannot be convicted.

Usually the offender is let out of police custody or jail for a period of time on bail while awaiting his/her court hearing.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.

When a temporary or final restraining order has been issued in a case, the person being restrained may be arrested for breaking the restrictions outlined in the order. Even if the person restricted by a restraining order does not make current threats against a victim, the attacker will be arrested if s/he breaks the order in any way.  For example if a woman has a restraining order issued by the court restricting a former boyfriend from coming onto the property of the woman’s employer, then the former boyfriend can be arrested for coming onto the property.

The police cannot arrest the former boyfriend though without evidence of the current restraining order which is being broken.  A victim should carry a copy of the restraining order with her and keep one in various locations so she can get a copy quickly if she needs it. She should keep a copy in her car, at her office, at a neighbor’s house, with a relative, in her purse, and a copy sould be given to the local police department. Of course in our example the victim is a woman but a man can also be the victim of domestic abuse and should also carry a copy of the order at all times.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.

A temporary restraining order is issued immediately following an offense of the Prevention of Domestic Violence Act. It can be issued by a municipal Judge at a police station (if the offense occurs during non-court hours) or it can be issued by a Judge in the Superior Court Family Part. It is temporary because within ten days both parties must appear before a Superior Court Judge to give their version of events surrounding the offense.

A domestic offense, unlike other types of criminal offenses, can lead to an arrest and a temporary restraining order before the accused has had the opportunity to offer evidence or testimony in his/her own defense. This is necessary to protect the victim because if the attacker were allowed to be free, or were not restricted by a restraining order, s/he may attack again. The hearing must take place within ten days though in order to protect the rights of the accused who will then be allowed to present evidence or testimony in his/her own defense.

Once the hearing has been held, a final restraining order may be issued. The final restraining order is permanent in that it has no expiration date.  The final order remains in full force and effect until dismissed by the victim or afer a motion for dismissal by a Judge.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.

When a victim of domestic violence calls the police to report an offense, the police are required to come to the victim’s aid. Even if a victim has made multiple calls, the police must come and investigate the claims of abuse.  Once the police have been called the police must arrest the person perpetrating the abuse if:

• The victim exhibits any signs of injury;
• The perpetrator has violated a previous Domestic Violence Restraining Order;
• There is probable cause that a weapon has been involved in the commission of the act of domestic violence;
• There is a warrant for the abuser’s arrest on any other charge.

Injuries can be internal or painful with no visible sign of injury. If an injury has occurred which the police do not see but the victim has reported, the police may still arrest the abuser.

Sometimes the victim doesn’t want the abuser to be arrested. It can be complicated because the abuser is a family member, partner/spouse, or former partner/spouse and conflicted feelings of betrayal and loyalty are not uncommon. Also, the presence of children may impact the decision to arrest the offending person. For this reason the police must decide whether or not to let an abuser go without an arrest simply because the victim does not wish to press charges. The police are required to make an arrest under the circumstances listed above.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.

According to the law in New Jersey, domestic violence is a crime committed by someone over the age of 18 (or an emancipated minor) against one of the following:

• Spouse
• Child
• Parent
• Girlfriend or Boyfriend
• Ex-spouse or Ex-girlfriend/boyfriend
• Roommate
• Former roommate
• Extended relative (aunt, uncle, cousin, etc.)
• Partner (if same sex couple)

It is the unique relationship status between the abuser and the victim which classifies an act as an offense under the Prevention of Domestic Violence Act. The abuser and victim do not have to be married or living together at the time of the offense. People who were in a prior relationship are also protected under the Act.

Getting Legal Help

If you or someone you know has been the victim of a domestic violence offense, an experienced family law attorney can help get the protection s/he needs.  Experienced Family Law Attorney Jeffrey M. Bloom can help you through the process of filing a domestic violence complaint and help make the divorce process easier. We can work with you to get through the process with dignity and respect.  Contact us today at 201-868-9300.