domestic violence

Can A Final Restraining Order Be Dissolved In New Jersey?

March 8, 2016 | by The Law Offices Of Peter Van Aulen

Final Restraining Orders (FRO’s) are permanent in the State of New Jersey, which means that they do not have an expiration date. Without going to court to request a change in the FRO, it will continue to be valid indefinitely. In order to remove, modify, or dissolve a FRO the victim (the person who is being protected by the FRO) or the defendant (the person the FRO is entered against) must go before the court and request that such a change be made.

Once a motion is made to dissolve a FRO, a judge will review the court documents that led to the issuance of the FRO in the first place, and then it will inquire about the current state of the parties relationship to determine whether or not to dissolve the FRO.

The Carfagno Factors

The judge will look to several factors to determine whether there is a good reason to dissolve the FRO. The 11 factors contemplated are taken from the 1995 New Jersey case Carfagno v. Carfagno. Continue Reading →

DOMESTIC VIOLENCE AND CUSTODY IN NEW JERSEY

December 21, 2015 | by The Law Offices Of Peter Van Aulen

A number of factors will affect the award of child custody in New Jersey case, including some obvious factors like the fitness of the parents, the needs of the child, and the relationship of the parents with the child. In addition, a less considered but no less important factor that a court will consider is any history of domestic violence in the family. To best understand how domestic violence affects child custody, we must first understand what domestic violence is and how child custody is awarded before we can put the two pieces together.

WHAT IS DOMESTIC VIOLENCE?

Domestic violence is the commission of a certain underlying act on another by a person who has a close relationship with that other person. The close relationship may be between spouses, former spouses, boyfriends and girlfriends, or some other family members. The acts that constitute domestic violence include, but are not limited to, assault, harassment, stalking, and homicide. Continue Reading →

FREQUENTLY ASKED QUESTIONS ABOUT RESTRAINING ORDERS IN NEW JERSEY

October 22, 2015 | by The Law Offices Of Peter Van Aulen

What is considered domestic violence?

New Jersey defines domestic violence as the commission one of a particular set of criminal offenses committed by an adult or emancipated minor against a person who falls within the state’s definition of a domestic violence victim. For more information see our article on Domestic Violence in NJ (<- link here https://www.pvalaw.com/domestic-violence.html)

What is a restraining order?

A restraining order prohibits contact between the person who seeks the restraining order and the person who the restraining order is entered against.

What effect does a restraining order have?

A restraining order is most commonly used to prohibit the person it is entered against away from the person who sought the restraining order. It may also contain other prohibitions, based on the violence alleged by the victim. Those can include prohibiting any contact including phone calls and texts, the surrender of the defendant’s firearms, ordering counseling, and others as appropriate. Continue Reading →