NJ Representing Victims in Restraining Orders Divorces in New Jersey By Santo Artusa on November 25, 2020

As a lawyer in New Jersey that represents individuals in divorces, restraining orders, child custody issues, criminal law matters and the like, I learned how to argue cases for either side of the case. While I learned this in law school and in private practice, I do have preferences and do have passion for certain cases over others. So while I represent many defendants in restraining order cases, I prefer to represent victims in temporary and final restraining order hearings along with the divorces that come with those matters in New Jersey. While I still have passion to represent defendants in restraining order cases that I feel are facing baseless charges driven by the goal of having an upper hand in a divorce, I do prefer to represent victims in domestic violence cases where the parties are married.

Some may ask why, some may say why do I care? People can ask questions all day long but I know why I prefer to represent victims in NJ TRO/FRO and divorce cases. Like anything else, I do not accept cases just because someone claims to be a victim. I accept cases where the client is in a long-term relationship/marriage and if not married have children together. I find that these individuals or the cases I accept are those who realize the value or an attorney that cares to help victims, pays attention to their client's needs, has a long term plan and that the client can afford our services. Representing victims is difficult. The burden of proof is on the victim to prove the case and that a final restraining order in New Jersey is actually needed. To win these cases, you must prepare your witnesses, organize exhibits, figure out the strength and weaknesses of each party's case. 

In my over ten years of matrimonial and domestic violence litigation experience in the New Jersey family and criminal courts, I know that you will most likely not win an FRO without specifics, without proper evidence,without proper preparation,  without showing prior history and the like. I've studied: Myself, Judges, Other Lawyers, Litigants and Legal Books to become an excellent domestic violence and divorce lawyer in New Jersey. The reason why I have studied those different methods is that the more you practice, the more you learn, the more you adapt, the better you will be. I am always looking for an advantage in every case and always looking to improve my client's chances to win. 

Why is Winning So Important in a TRO/FRO Case in New Jersey Family Court?

If you lose your FRO hearing, the alleged abuser will move right back into the house if that is where he or she lived prior to the TRO. If that is not scary enough, then maybe you do not need an FRO in New Jersey. However, if that frightens you, you need to retain the best lawyer or you need to prepare your own case immediately as the timeline for TRO/FRO cases in NJ is limited and you may be forced to try your case before you are ready. Not being ready or being illprepared, will lead to horrible results and regret, do not allow this to happen. I have seen people turn down my representation for a lower cost option only to lose their cases and then horrible outcomes followed after the loss. There is too much on the line to try the matter yourself or to use someone that is not experienced in domestic violence/restraining order laws in New Jersey. 

Options When Seeking a Final Restraining Order, Civil Restraints and Divorce in New Jersey

While you cannot enter a plea agreement in a TRO/FRO case, you and the defendant can enter into civil restraints for the divorce but it does not have the same strength as a final restraining order. With civil restraints you can set communication limits or bans. You can agree on custody, alimony, support, etc as well for the divorce temporarily or in total. Some cases are worth considering civil restraints, we have experienec in handling these agreements in New Jersey. In order to dismiss the case and enter into civil restraints, you have to speak to a court counselor and the Judge that you are not scared anymore and understand the differences of an agreement versus a final restraining order. 

Representing victims in domestic violence matters takes skill and care. We have that. If you seek an FRO, TRO or divorce, contact us today on 973-337-9643 for a confidential appointment. 

 

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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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