Obtaining and restrained by the protection ordered in New Jersey

The final restraining order can have serious & # 39; serious consequences for human beings. On the other hand, it can save lives or improve the lives of victims of domestic violence. Anyway, man or woman, husband, boyfriend, girlfriend, and so on, the courts perform judicial practice and the status of violence in the family & # 39; and. Besides the obvious, if you were married, you were married, married, had children or not, there are twelve key factors that determine, should become a temporary restraining order, finals. The offenses covered by the prevention of domestic violence:

  1. Sturm N.J.S.A. 2C: 12-1

  2. Criminal quarrel N.J.S.A. 2C: 17-3

  3. Harassment N.J.S.A. 2C: 33-4

  4. Terrorist threats N.J.S.A 2C: 12-3

  5. Criminal sexual contact N.J.S.A. 2c: 14-1 and / or 2C: 14-3

  6. Sexual assault N.J.S.A. 2C: 14-1

  7. Abduction N.J.S.A. 2C: 13-1

  8. Staling N.J.S.A 2C: 12-10 and / or 10.1

  9. Debauchery N.J.S.A. 2C: 14-4

  10. Criminality N.J.S.A 2C: 18-3

  11. Scrapping N.J.S.A. 2C: 18-2

  12. False conclusion N.J.S.A. 2C: 13-3

Thus, although it is the list of crimes covered by domestic violence cases, the commission of the crime does not necessarily mean that the final order will be issued. Hearing on violence in the family & # 39; and – it is not a criminal case, and civil, which takes place in various New Jersey family courts. A criminal case may be filed to the police when the victim needs immediate intervention of the police, or even after the incident occurred. In the local area we work: Judge Mark Baber, Judge Gerard Breland and Judge Maureen Manteneo with Hudson – judges who make decisions on the limitation of the trial. Elsvery judge Beham, Judge Epstein, Judge Harris, a judge Gauss, Siegel judge hear cases from Essex and Bergen.

To determine if the final order is necessary, the judge should review all the evidence admitted (police reports, medical records, photos, records and any other evidence that you may have). The victim will testify at first and try to make the case about why the required final order. The victim is also allowed to testify about whether the story was of domestic violence between the parties, there have been reported reported. Then defendant has the opportunity to cross-examination of a witness or witnesses. The credibility of the witness – a key factor, and it is the focus, whether the judge believes the testimony. At this point, the defendant may take a position, to call a witness to refute or to declare the victim testimony, and then the judge will decide.

Factors the judge must consider whether to issue a final decision but trust, evidence and other factors:

  1. Previous history of domestic violence between the parties, including threats, harassment and physical abuse;

  2. The presence of immediate danger to person or property;

  3. Financial circumstances of the plaintiff and defendant;

  4. The best interest of the victim and any child;

  5. The existence of a trusted manner of protection from another jurisdiction.

Thus, while you may think that yelling at the victim in the past or get into an argument with the victim was a dispute about the relationship, if properly executed, it can be a foul. It is important to prepare for the final hearing of the restrictive order, because when the final order is issued, its ultimate lack of good.