MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.

Articles Tagged with restraining order in NJ

If a person requests a restraining order in NJ, they need to support enough evidence to show that it is more likely than not there is cause for concern that they could be the subject of physical violence. They must be a ‘victim of domestic violence,’ including someone in a dating relationship with the aggressor. Obtaining a NJ restraining order is, therefore, a question of fact to determine whether the applicant is in reasonable fear for their safety and whether they are in a dating relationship. The October 23, 2018 published trial court case of TM v RMW involved a heavy fact-intensive inquiry by the court in determining whether a restraining order was warranted.

The specific questions were, first: whether a plaintiff is a ‘victim of domestic violence’ as defined within a ‘dating relationship’ when the relationship consisted primarily of an intermittent sexual relationship but missing the traditional elements of a dating relationship defined in Andrews v. Rutherford. Next, the court examined whether a defendant can use the defense of consent when accused of simple assault and harassment by offensive touching when there was no dispute that the parties enjoyed consensual rough sex with each other.

The two individuals in question had known each other for several years. The female plaintiff was granted a temporary restraining order (TRO) alleging that they had a dating relationship, including a sexual relationship with the defendant that has lasted for 8 years. The incident which led to her request occurred during a session of consensual rough sex, wherein the plaintiff alleged that the defendant said he hated her and punched her with a closed fist. When she asked him about the punch, he laughed and punched her again. At the hearing for the final NJ restraining order, the parties represented themselves and had no other witnesses other than themselves. The parties had frequent sex during the first years of their relationship, followed by a three-year cessation of sex. But for the last year, the relationship had consisted of irregular encounters – about once every three months – which involved consensual rough sex. Continue Reading →

Member Of
Super Lawyers Martindale-Hubbell New Jersey Supreme Court Certified Attorney

Peter Van Aulen was selected to the 2016 and 2017 Super Lawyers list. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Peter Van Aulen has received a rating by Martindale Hubbell. A description of the rating methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Peter Van Aulen is certified by the New Jersey Supreme Court as a Matrimonial Attorney.

Contact Information