{"id":5352,"date":"2025-05-28T19:20:33","date_gmt":"2025-05-28T19:20:33","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5352"},"modified":"2025-06-11T18:29:24","modified_gmt":"2025-06-11T18:29:24","slug":"an-overview-of-domestic-violence-cases-in-new-jersey","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/an-overview-of-domestic-violence-cases-in-new-jersey\/","title":{"rendered":"Una descripci\u00f3n general de los casos de violencia dom\u00e9stica en Nueva Jersey"},"content":{"rendered":"
\n
\n

Entrevistador: <\/strong>Over the past 20 years or so, have you seen an increase in domestic violence cases or has it kind of stayed up at the same?<\/p>\n\n\n\n

James Abate<\/a>: <\/strong>Yes. There\u2019s been a tremendous explosion in the ways that domestic violence law<\/a> is used and overused in New Jersey. And just to give you an idea, and especially if you are now an NFL football player, I think that there\u2019s one case which concerns us with the way that domestic violence law is used as a shield and a sword, and I\u2019ll explain to you what I mean by that.<\/p>\n\n\n\n

The Prevention Of Domestic Violence Act Has Proliferated The Number Of Domestic Violence Cases<\/h2>\n\n\n\n

All of this comes out at The Prevention of Domestic Violence Act<\/a>, which is NJSA2C:25-17<\/a>. And what it boils down to is that if you have had an act of domestic violence committed against you by someone who is a spouse, girlfriend, boyfriend, ex-girlfriend, boyfriend, someone who qualifies as a domestic relationship, you can go to the police or the court, and they will, if you meet the standards, issue a temporary restraining order from that person having any contact with you.<\/p>\n\n\n\n

The Violation Of A Temporary Restraining Order Is A Felony Punishable By Up To 18 months Incarceration In A State Prison<\/h2>\n\n\n\n

When the temporary restraining order is issued, if that person has contact with you, they will be arrested and their violation of the order is a felony, punishable by up to 18 months in jail in the state prison. And those contacts can be either the most minute contact, it can be someone who texted you, even if you give them permission to contact you and say \u201cCould you call me?\u201d, and then you call them, it\u2019s going to be temporary restraining order in effect, and you can still be arrested. What happens then is within about 10 days, you will be summoned to the Family Court and the superior courthouse. And the judge will hold a hearing to determine if a final restraining order should be issued.<\/p>\n\n\n\n

The Final Restraining Order Is Subject To Two Requirements<\/h2>\n\n\n\n

The final restraining order requires a couple of things to be looked for. The first is, \u201cIs there a domestic relationship that qualifies under the act?\u201d The second is \u201cWas a predicate act committed?\u201d And that\u2019s pretty simple. It\u2019s harassment, stalking, assault, several different charges can qualify, but it doesn\u2019t have to be a bigger assault; it can just be \u201cHe pushed me.\u201d The last part of the criteria is whether a history indicates that permanent protection is required, and that\u2019s really what it\u2019s all about. There\u2019s a lot of craftsmanship in how these complaints are created and how much of a history is put into them. So, one act of domestic violence alone may not be enough to get you the permanent restraints.<\/p>\n\n\n\n

A Lot Of People Are Unaware That Violation Of A Restraining Order Could Send Them To Criminal Court<\/h2>\n\n\n\n

You\u2019re going to need to show that this is something where it\u2019s likely that if the restraining order is not issued, there may be a danger to your life. The next thing people must realize is that this isn\u2019t the only part of the process; there is a second step. The predicate act that gives rise to you getting a orden de alejamiento<\/a> can also give rise to criminal charges, and those criminal charges can be misdemeanor charges<\/a> in the Municipal Court, which is punishable by up to six months in jail, or they could rise to indictable felony level charges<\/a> in the superior court. So, many people don\u2019t know that they have to go to the criminal court and end up in a lot of trouble when they show up for the family court hearing.<\/p>\n\n\n\n

Contacte a abogados defensores de Nueva Jersey<\/a> of Aiello, Harris, Abate Law Group, PC today!<\/p>\n\n\n\n

\n
\n

Recursos sobre violencia dom\u00e9stica<\/h3>\n\n\n\n

Informaci\u00f3n general<\/h4>\n\n\n\n