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Divorce and Abusive Relationships,Domestic Violence and Restraining Orders

Apr 12, 2016 @ 01:27 PM — by Michael Green

Unfortunately, too often parties may be in an abusive relationship in their marriage, such that a restraining order may be necessary to consider.  Parties that are being harassed by threatening phone calls, texts, or emails, may have to file a domestic violence complaint to obtain a restraining order so that the abusive party will cease their harassment.  If there is actual physical violence, than an assault may have occurred and that too would be grounds for the filing of a domestic violence complaint.  Terroristic threats, where one party threatens to harm another is also grounds for the filing of a domestic violence complaint.  After the filing of a complaint, if the party has met the initial elements of the allegations, then a TRO or temporary restraining order is issued by a Judge, this may be done at municipal court where the police are stationed or at the county family court.  Generally, within 10 days, a Final Restraining Order hearing is then scheduled, so that a Judge may hear the parties to determine whether or not the elements of the complaint have been met such that a Final Restraining Order should be issued.  At these hearings, generally, issues of support, such as spousal support, child support and child custody and parenting time, may be dealt with as well.  In addition, if a party has had an FRO issued, they may request attorney's fees as well.

If you have an upcoming TRO hearing and wish to have legal representation or wish to amend a TRO or FRO filed against you, please call us at 732-390-0480 or 201-242-1119 for a free consultation in our East Brunswick or Fort Lee office.   We have night and weekend appointments.  Ask us about our flat fees for your restraining order representation.

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