Sussex County Domestic Violence Lawyers

Nothing is more devastating than having to fear for your safety in your own home, a place that’s supposed to be your sanctuary. Unfortunately, thousands of people in New Jersey find themselves in these situations, but they don’t have to live in fear forever. Learn more about the steps you can take to get to safety and contact our knowledgeable and compassionate domestic violence lawyers for assistance today.

Domestic Violence in New Jersey Defined

In New Jersey, domestic violence is not limited to physical abuse–it can take many forms, including emotional, sexual, and economic abuse. The Prevention of Domestic Violence Act of 1991 was enacted to protect victims from a wide range of harmful behaviors. Under this law, domestic violence can occur between spouses, former spouses, current or former dating partners, household members, or individuals who share a child together, regardless of whether they live under the same roof.

The Act identifies 19 specific criminal offenses that qualify as domestic violence when committed by someone in one of these relationships. These include assault, harassment, stalking, terroristic threats, criminal mischief, kidnapping, sexual assault, and burglary, among others. Even behaviors that may not appear violent on the surface, like repeated unwanted phone calls or threatening messages, can meet the legal standard for domestic violence when they are used to control, intimidate, or harm another person.

How to Get a Restraining Order in New Jersey

If you are in immediate danger, the law provides a fast and effective process for securing legal protection. In New Jersey, you can obtain a restraining order–sometimes referred to as an Order of Protection–to stop your abuser from contacting or coming near you.

1. File for a Temporary Restraining Order (TRO): You can request a TRO by visiting the Family Division of your local Superior Court during business hours. If court is closed, you can file through your local police department, which will connect you with a judge. The judge will review your complaint and, if they believe you are in danger, issue a TRO the same day. This order can include provisions such as barring the abuser from your home, workplace, or children’s school; prohibiting any contact; and granting temporary custody of children.
2. Attend the Final Restraining Order (FRO) Hearing: A hearing will be scheduled, typically within 10 days, to determine whether a Final Restraining Order should be issued. Both you and the accused will have the opportunity to present evidence and testimony. It is critical to have experienced legal representation at this stage, as the outcome can have long-term legal consequences.
3. Final Restraining Order (FRO): If the judge finds that domestic violence occurred and that protection is still needed, a Final Restraining Order will be granted. This order has no expiration date and can provide comprehensive, long-term protections, including custody arrangements, financial support, and exclusive possession of a shared residence.

If You Are Falsely Accused

False accusations of domestic violence can be just as devastating, especially when they impact your family, your reputation, and your future. At Gruber, Colabella, Thompson, Hiben & Montella, we understand the serious consequences a baseless allegation can carry, particularly in the context of child custody disputes or contentious divorce proceedings.

If you’ve been falsely accused, it’s vital to act quickly and strategically. A temporary restraining order can be issued with little warning, and you may find yourself suddenly barred from your home or children. Our attorneys are skilled in uncovering inconsistencies, presenting clear evidence, and challenging unfounded claims to ensure that your side of the story is heard.

We believe everyone deserves a fair process. Whether you’re fighting for your parental rights or seeking to protect your good name, we provide strong, effective legal defense rooted in facts and compassion. False accusations should not define your future, and with the right legal team, they won’t.

Contact Our Domestic Violence Lawyers Today

If you’re a domestic violence survivor, know that better, safer times are on the horizon, and don’t hesitate to reach out to our domestic violence lawyers for help. Conversely, if you’re falsely accused, we are here to be your steadfast legal advocate. No matter your situation, you can depend on our domestic violence lawyers for strong, comprehensive representation. Contact Gruber, Colabella, Thompson, Hiben & Montella for a free consultation today.