Restraining Orders

May An Exotic Dancer Obtain A Restraining Order Against A Customer?

March 10, 2018 by Edward R. Weinstein

Yes, if they are also “dating” that is. As a well-versed lawyer as to New Jersey’s Prevention of Domestic Violence Act, I am aware that only certain folks qualify to obtain a Final Restraining Order.One of the classifications that would allow a potential victim to be protected under New Jersey law is if a Family Part judge of the Superior Court of New Jersey finds that the parties had a “dating relationship.”As a result, New Jersey attorneys and judges are left to interpret what does and does not constitute a “dating relationship,” as the answer is not always as clear as one might think.For instance, say someone is paying an exotic dancer while she is work yet they spend significant time together on non-working hours.Is this a “dating relationship?”All told, while the lawyers must extract specific facts via testimony during a restraining order trial in order to prove their case, ultimately the court shall liberally interpret the “dating relationship” threshold. The following recent decision illustrates this legal issue.

Can Civil Restraints Prevent Me From Obtaining Another Restraining Order?

January 4, 2018 by Edward R. Weinstein

No. A Judge of the Superior Court of New Jersey is focused on the testimony elicited from you by your attorney. Simply put, New Jersey’s Prevention of Domestic Violence Act never prevents a potential victim from seeking protection only a restraining order may provide even if a prior temporary restraining order was resolved by way of a “civil” restraining order by your previous attorney.

In M.D. v. P.D., the parties were married in 1996 and had one child, a daughter, born of the marriage. The wife was born in Brazil and moved to the United States sometime in 2004. The wife works in Ocean County while the husband works at East Jersey State Prison for the New Jersey Department of Corrections. At some point, the wife moved out of the marital home and the parties separated. The husband filed for divorce after the separation.

When Obtaining A Temporary Restraining Order, Be Sure To List Any History Of Domestic Violence

May 30, 2017 by Edward R. Weinstein

As a restraining order trial attorney, knowing the facts of my case is essential. Moreover, another reason that you should have a savvy lawyer who only handles New Jersey family law and domestic violence related cases is the special civil procedure involved in a this type of trial. Specifically, I am aware that the alleged victim, when obtaining the temporary restraining order, has an opportunity to list any history of domestic violence between the parties. Therefore, if an alleged “victim” is testifying as to a “history of domestic violence,” that is not listed on the temporary restraining order, it is my job as a trial lawyer, on cross-examination, to ask, “why didn’t you list these alleged events when you completed the temporary retaining order form?” More times than not, I am able to successfully attack the credibility of this witness. The following case illustrates why a true victim of domestic violence in New Jersey should be very specific, even if there were not witnesses whatsoever. [Read more…] about When Obtaining A Temporary Restraining Order, Be Sure To List Any History Of Domestic Violence

Will A Final Restraining Order Be Issued If The Parties Have No Reason For Further Contact?

April 30, 2017 by Edward R. Weinstein

It depends upon the facts. As restraining order lawyers at our East Brunswick, New Jersey law firm we have often made the argument while defending the defendant that the alleged victim is safe as the parties have no chance of contact in the future. Now, our attorneys understand that this can be a difficult argument to make as one judge may interpret New Jersey’s domestic violence laws differently as another. Moreover, it is safer for a judge to issue the final restraining order if the have any doubts as to the victim’s safety. Below is a case wherein New Jersey’s Appellate Division addressed this issue and overturned the trial court’s issuance of a final restraining order for this very reason.

In R.L. v. M.H., husband M.H. appealed from a final restraining order entered by the Superior Court of New Jersey, Family Part of Cape May County, dated October 8, 2015 that prohibited him from having any contact with R.L., his wife. On appeal, the New Jersey Appellate Division reversed the order and vacated the final restraining order because the record did not show that a final restraining order was necessary to protect the victim from further abuse, as per the second prong of the Silver analysis.

May I Obtain A Restraining Order If I Have Repeatedly Told My Ex To Leave Me Alone?

June 12, 2016 by Edward R. Weinstein

Yes. If you have repeatedly told a former lover or spouse to leave you alone after the breakup yet they continue to text you, you may obtain a restraining order. The domestic violence lawyers at our law firm will collect the evidence that the harasser continued to text you, call you or even surprise you at your home in order to prove to a judge of the Superior Court of New Jersey that the restraining order is required for protection under New Jersey’s Prevention of Domestic Violence Act. Below is this attorney’s take on a recent case.

Texting, Harassment and New Jersey’s Prevention of Domestic Violence Act

November 4, 2015 by Edward R. Weinstein

As an attorney who has handled countless restraining order trials, it is my legal opinion that cell phones have been a true game-changer with respect to the landscape of New Jersey’s Prevention of Domestic Violence Act. As I and the experienced attorneys ay my law firm all embrace, cell phones can contain valuable evidence in the form of text messages, e-mails, and voice-mails that can make or break a vast majority of final restraining order trials. Still there are strict rules about evidence and whether it is admissible in a New Jersey Family Court and how evidence must be presented. The recent case of E.C. v. R.H. tackled the issue of how electronic information stored on cell phones should be presented in a court of law. [Read more…] about Texting, Harassment and New Jersey’s Prevention of Domestic Violence Act