{"id":5448,"date":"2025-05-28T21:10:33","date_gmt":"2025-05-28T21:10:33","guid":{"rendered":"https:\/\/aielloharris.com\/?p=5448"},"modified":"2025-05-28T21:11:07","modified_gmt":"2025-05-28T21:11:07","slug":"common-misconceptions-regarding-domestic-violence-cases","status":"publish","type":"post","link":"https:\/\/aielloharris.com\/es\/common-misconceptions-regarding-domestic-violence-cases\/","title":{"rendered":"Conceptos err\u00f3neos comunes sobre los casos de violencia dom\u00e9stica"},"content":{"rendered":"
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Entrevistador: <\/strong>What are some of their most common misconceptions or misperceptions about the whole violencia dom\u00e9stica<\/a> process, and what may happen with them?<\/p>\n\n\n\n

James Abate<\/a>:\u00a0<\/strong>One misconception is that they do not realize that there are two separate court systems they\u2019re dealing with. The first court system is the family court<\/a>, which evaluates the final restraining order, and the second is the criminal court system, where they\u2019re facing criminal charges<\/a> for the acts that led to the issuance of the TRO. I think people also don\u2019t realize the impact this order can have on their marital and custody situations with the children. You can be told to get out of your own house, and still have to pay for that house. I\u2019ve had cases where the husband is told to leave the house, and he still has to pay for the mortgage.<\/p>\n\n\n\n

People Who Don\u2019t Need A Domestic Violence Restraining Order Will Use A TRO To Get An Advantage In A Situation<\/h2>\n\n\n\n

That is where the sword and the shield issue comes in; some people who don\u2019t need a domestic violence restraining order will use the TRO to get an advantage, and they report a situation to get an advantage in getting someone out of the house. There\u2019s also the misconception that if the other party tells you it\u2019s okay to contact them, you can contact them. You can\u2019t. If they report it, you can be convicted of felony contempt<\/a> of the judge\u2019s order because the critical thing to remember is it\u2019s not the victim\u2019s order, it\u2019s the judge who is ordering you. So, the only one who can tell you it\u2019s okay to talk to that person is the judge who issued the order.<\/p>\n\n\n\n

One Of The Most Important Frameworks Which Go On In A Domestic Violence Case Is \u2018The Cycle Of Domestic Violence\u2019<\/h2>\n\n\n\n

One of the most important frameworks that go on in domestic violence cases is called \u201cThe Cycle of Domestic Violence.\u201d There is a pattern with abusers that they will follow; it\u2019s almost like a clock stopping at midnight. Midnight, everything is peaceful, it slowly builds up to around 6 p.m., things get tenser and tenser and at 6 p.m., there is like an explosion and right after that, the abuser realizes, because this is all about control, that he\u2019s got to keep that person in his control so they became extra nice and everything\u2019s nice and then, around midnight, it starts over again. And there\u2019s a peaceful period, and then, it goes back to an explosion, and back to being nice. It\u2019s all about control and that\u2019s why in one of these cases, a skilled attorney knows how to convey because that\u2019s what the judges are looking for.<\/p>\n\n\n\n

Trying To Control Your Spouse Or Partner Is An Indicator Of \u2018The Cycle Of Domestic Violence\u2019<\/h2>\n\n\n\n

They are looking for you to convey that what\u2019s been happening to you in the framework of it being part of the paradigm of the cycle of domestic violence. I had a client who had gone out with her friend; the boyfriend called the friend and told to stay away from her. And what it came down to was he was trying to isolate his girlfriend and control her. That was the most influential piece of evidence of a case because it showed the judge an issue regarding a cycle of domestic violence.<\/p>\n\n\n\n

It Is Advisable To Avoid Any Contact With The Alleged Victim After A TRO Has Been Issued<\/h2>\n\n\n\n

Entrevistador: <\/strong>What does one do if someone were to be contacted via text and there was a, sort of, no-contact order in place, should that person try to contact them back by a letter or should they just immediately call their attorney and say \u201cHey, this is what\u2019s going on\u201d?<\/p>\n\n\n\n

James Abate: <\/strong>Yes. They should immediately call their attorney and say \u201cThis person contacted me; under no circumstances should I contact the other person?\u201d In fact, they may want to contact the police and say \u201cThis person has a orden de alejamiento<\/a> against me, and they\u2019re trying to contact me.\u201d So, absolutely no contact means no contact.<\/p>\n\n\n\n

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Contacte a nuestros abogados penalistas de Nueva Jersey<\/h4>\n\n\n\n

Contacte hoy a nuestros abogados penalistas de Nueva Jersey al (908) 561-5577<\/strong> o env\u00ede una solicitud a trav\u00e9s de nuestro formulario de contacto<\/a>.Su consulta inicial se llevar\u00e1 a cabo por tel\u00e9fono y puede programar una cita en una de nuestras ubicaciones de las oficinas<\/a> en todo Nueva Jersey.<\/p>\n<\/div>\n<\/div>\n\n\n\n

<\/div>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

Interviewer: What are some of their most common misconceptions or misperceptions about the whole domestic violence process, and what may happen with them? James Abate:\u00a0One misconception is that they do not realize that there are two separate court systems they\u2019re dealing with. The first court system is the family court, which evaluates the final restraining order, … <\/p>\n

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