Domestic Violence Lawyer Serving West Orange And Across New Jersey
When someone in your life becomes a threat to you or your children, legal action may be the only method of protecting everyone from shame. A restraining order can help offer this protection, but getting one is not always as easy as it should be. Whether you are trying to earn a restraining order in your divorce or not, you need a domestic violence lawyer you can depend on to help you earn the order you and your family need.
I am Gary Natale, a New Jersey attorney, and I have more than 35 years of experience helping clients pursue the ideal outcome in their family law needs. As a domestic violence attorney, I know how urgently my clients need a restraining order in these cases, and I do everything in my power to help them secure one with as little time or complication as possible.
How I Protect My Clients
Domestic violence is something that no one should ever have to experience, and my goal as your legal representation is to make it clear that this kind of behavior is unacceptable and will result in legal consequences. My method of representation is a winning advantage for many of my clients.
I use my extensive legal and trial experience to fully prepare for these cases so I can prove the incident in question took place, and there is a reasonable fear that it could happen again. I work tirelessly to get the facts, including prior events and any supporting evidence of them. I do not take chances in family law cases, which is why I make it my mission to be fluent in the related laws.
How Domestic Violence Can Influence A Divorce
When a spouse is able to accuse the other of domestic assault successfully, it can have a considerable impact on a divorce. A restraining order prevents any contact between the related parties, which eliminates any opportunity for settlement negotiations or other conversations involving custody or other divorce matters.
Additionally, a restraining order against a parent can also limit the custody and visitation rights they earn in a divorce. If there is a legitimate threat of harm toward the children, it is likely that the parent will not have anything more than supervised visitation with their children.
Frequently Asked Questions About Domestic Violence In New Jersey
Domestic violence cases raise urgent questions that deserve clear answers. These answers address the most common concerns about your rights and legal options under New Jersey law.
What qualifies as domestic violence under New Jersey law?
New Jersey law covers far more than physical assault. The Prevention of Domestic Violence Act recognizes a wide range of harmful acts, and qualifying behavior can include the following:
- Assault: Any intentional attempt or threat to cause physical harm
- Harassment: Repeated conduct meant to alarm or seriously annoy you
- Stalking: A pattern of behavior that places you in reasonable fear for your safety
- Sexual assault: Any forced or coerced sexual contact
- Criminal mischief: Intentional damage to your property
- Terroristic threats: Threatening to commit a violent crime against you
The law applies when the alleged abuser shares a protected relationship with you, such as a current or former spouse, household member, dating partner, co-parent or someone you dated.
How quickly can you get a restraining order in New Jersey?
You can typically receive a Temporary Restraining Order, known as a TRO, on the same day you file if the court finds good cause. Judges can issue TROs outside regular court hours, including evenings, weekends and holidays.
New Jersey law requires the court to schedule a Final Restraining Order hearing within 10 days of the TRO. At that hearing, a judge reviews the evidence and decides whether to make the order permanent.
What evidence do you need to prove domestic violence?
New Jersey courts accept a wide range of evidence in domestic violence cases. You do not need to show physical injuries to build a strong case, and useful evidence can include the following:
- Photos of injuries or property damage
- Medical records
- Police reports
- Text messages, emails or voicemails
- Witness statements
- A personal log of incidents with dates and details
Documenting incidents as they occur gives you the strongest foundation going into court.
Can you modify a final restraining order to allow contact?
Yes, but a judge must approve any modification to a Final Restraining Order. The protected party may request changes, while the restrained party must meet strict legal standards. The judge will consider whether the modification protects the safety and well-being of the protected party. Courts take these requests seriously, and approval is never automatic.
Compassionate And Committed Representation
If you are looking for a domestic violence attorney who serves Essex County and the surrounding areas, contact me for your initial consultation. Call my office at 973-821-4199 or email me here to take the first step in securing the restraining order you need.