C.G. v. E.G.

C.G., the plaintiff, petitioned the court to serve her estranged husband, E.G., with a final restraining order.

Background Information

After collecting social security disability benefits, C.G. was able to return to her former job as a waitress in a restaurant. According to her testimony, as soon as E.G. learned that she was about to resume her career, he began sending her emails in which he threatened to call her employer and get her fired if she went back to work.

E.G. followed through on his threat and actually did visit her place of employment. As C.G. explained to the court, he also phoned her employer and her employer’s wife. Although there was no evidence that what he was saying was true, E.G. told the wife that her husband and C.G. were having an affair.

The plaintiff also described her estranged husband’s past behavior. She told the court that he often called her degrading names and even punched her in the face, leaving her with a black eye.

The defendant did not admit guilt, but neither did he offer any credible defense nor alternative description of what had occurred.

Issuance of Final Restraining Order

In making the decision whether or not to grant the plaintiff’s request, Judge Jones took several factors into consideration.

He referred to the offenses described in New Jersey’s Prevention of Domestic Violence Act of 1990, which listed fourteen behaviors that should be classified as domestic violence offenses when acted against a spouse: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and stalking. In August 2015, a fifteenth was added in an amendment: coercion.

The judge decided in favor of the plaintiff citing harassment and coercion as the principal offenses on which his decision was based as well as the right to be left alone.

Harassment

In deciding that harassment was a factor, the judge first reasoned that the threat of losing one’s job—and with it one’s economic stability and security—is an obvious source of fear and anxiety.

He cited these behaviors as evidence of harassment:

• Sending emails threatening to call place of employment to get her fired.
• Visiting his spouse’s place of employment with the intent to get her fired.
• Phoning C.G.’s employer to embarrass her and to interfere with her job.

The judge noted that there are times when visiting a place of employment may be necessary, when it is done with the sole intent to interfere with the party economically, then it should be deemed harassment.

Coercion

The court concluded that the defendant’s behavior constituted coercion. The definition of coercion in the amendment to the Domestic Violence Act includes the following two categories of threats:

• expose a secret…to impair credit or business repute;
• perform an act…calculated to harm… career, financial condition….

Right to Be Left Alone

Judge Jones also considered the fact that the New Jersey Supreme Court recognizes the right of a victim of abuse to be left alone. He expressed the belief that interfering with the right to be left alone while trying to perform one’s basic job requirements shows a real lack of regard of the victim.

Conclusion

Judge Jones concluded that the preponderance of evidence supported the plaintiff’s claims. In his statement explaining why he was issuing the final restraining order as per the plaintiff’s request, he included the following statement: “There are arguably few threats more potentially harassing and coercive than threatening one’s livelihood and employment.”

NJ Temporary Restraining Orders

The first step one should take if he or she feels like a victim of domestic violence is to file for a temporary restraining order.

Unlike permanent restraining orders, temporary restraining orders are relatively easy to obtain. This can be done by going to the Family Division of the Superior Court of the county or to the local police station and petitioning the order. Although the victim is required to detail the abuse both orally and in writing, there is no requirement to prove the allegations at this point. The court can issue the temporary order if it believes the petitioner’s claims are credible and that the behaviors fall within the guidelines of domestic violence.

NJ Permanent Restraining Orders

About ten days after a temporary protective order is issued, a hearing is held to determine whether or not the issuance of a permanent order is warranted.

For the issuance to occur, the victim must now prove that harassment or abuse actually occurred and that it is reasonable for the victim to fear for his or her safety.

For this hearing the victim must testify under oath and the abuser may also testify. Confronting the abuser is often difficult for the victim of domestic violence. A compassionate attorney can help get you through the process and present the case regarding the need for protection.

What a Restraining Order Might Include

The following are some of the specific restrictions a restraining order might include: • to stay away from the victim;
• to stay away from the victim’s children;
• not to visit the victim’s home;

• not to visit the victim’s place of employment;
• not to visit the children’s school; and
• if the court believes there is a threat to the victim’s life or safety, not to possess a firearm.

Duration of NJ Temporary Restraining Order

The initial, temporary order remains in effect until the next hearing, at which time it may or may not become permanent.

The permanent order is, as its name implies, permanent. However, the victim can petition the court at a future date to withdraw the order. If convinced that the request to withdraw the order is being made without coercion or threats, the court can dismiss the complaint.

Penalties for Violating a Restraining Order

Restraining orders are issued in family court. Violations of such orders are also heard in family court. Contempt of court is subject to both fines and jail time.

The experienced New Jersey domestic violence attorneys at Aretsky Law Group, P.C., can offer the advice and expertise to help victims of domestic abuse get the help they need in the form of a permanent restraining order that protects them and those close to them.

We are available 24/7 to take your call. Phone us at 800-537-4154.

Domestic violence is a serious crime. It affects families from all walks of life. Of course, victims of domestic abuse must be protected. On the other side of the coin, however, it is also true that there are victims of false accusations of abuse. Like victims of domestic abuse, they, too, must be protected.

What to Do if You Are Unjustly Accused

Being served with a temporary restraining order (TRO) when you know you have done nothing wrong can be devastating. The first thing you should do is contact a lawyer who understands domestic-violence laws in New Jersey.

When a TRO is issued, a full hearing usually follows about ten days later. That hearing is governed by the family court, which will determine whether or not a final restraining order (FRO) will be issued. It will also decide whether or not you will be charged with a crime.

If you are falsely accused of domestic violence, there are two main ways to defend against the charge. The first way is to disprove one or more elements of the crime. The second way is to prove that you committed the act in self-defense.

Defense Number One: Disprove One of the Three Elements of the Crime

There are three basic elements that the judge must find in a domestic-violence case. Keep in mind that it was not necessary to prove these elements when your accuser requested the TRO.

Let’s look at those three elements.

1. The victim must be a member of a class protected by the Prevention of Domestic Violence Act (PDVA). The PDVA describes who is covered by the act.

The alleged victim must have one of these relationships with the abuser. He or she must be…

• a spouse or other household member who is an adult or emancipated minor;

• anyone who has or is about to have a child with the abuser; or

• anyone who is dating the abuser.

If the victim is not covered by the PDVA, then the crime cannot be considered an act of domestic violence.

2. The act must be one of the fifteen criminal behaviors described in the PDVA. If the victim falls into one of the categories named above, the next step is to see if the behavior is one that can be considered an act of domestic violence.

The PDVA names 15 criminal acts that can be considered domestic violence. They are homicide, assault, terroristic threats, stalking, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, and coercion.

3. If the victim and the criminal act were both covered by the PDVA, the accused must be the one who committed the crime. Even if the victim is shown to be in a protected class and the criminal behavior is covered in the act, the plaintiff still must prove that the accused committed that act.

If All Three Elements Are Proven

If the plaintiff proves all three elements of the crime, then it will be considered a domestic-violence offense. You may be charged with a criminal offense and a finalt restraining order may be issued. This order can have a devastating impact on your rights as a parent as well as your rights to own property.

Defense Number 2: An Affirmative Defense

Another possible defense that your lawyer might pursue is one of justifiable self-defense.

Suppose you committed the act but you believe that you acted in self-defense. If so, this defense is in order.

Any emails, letters, texts, photos, and other artifacts that show that the accuser’s actions initiated the violence should be given to your attorney. These items are valuable in your claim of self-defense.

Affect of a Domestic Violence Conviction

A finding of domestic violence can have a devastating effect on your future. These are just some of the possible consequences of a domestic-violence finding:

• fines and fees;

• loss of child custody;

• reduction or loss of parenting time;

• right to own your home;

• jail time;

• a criminal record; and

• the destruction of your reputation.

New Jersey courts take these orders very seriously, and if a domestic violence restraining order is knowingly violated, there are severe penalties.

Why People Make False Accusations of Abuse

Sometimes people file false claims in an attempt to get what they want in a divorce or child-custody case. Others make these charges out of revenge or anger. Making a false allegation is a very serious offense and should never be done.

If you have been unjustly charged with domestic violence, it is crucial that you contact an experienced attorney as soon as possible. Your future is at stake.

The family law attorneys at Aretsky Law Group, P.C., are experienced in defending against false domestic violence accusations. Contact us 24/7 at 800-537-4154 for an initial consultation.

A few days after filing, Heard asked for and was granted a temporary restraining order against her estranged husband. Although Depp maintains that the charges are false, Heard stated that she was a victim of physical and verbal domestic abuse.

Issues Involved

The two main issues involved in this high-profile case are spousal support and domestic violence.

Spousal Support

Heard asked for temporary spousal support in order to maintain the lifestyle she enjoyed while married to Depp.

Depp’s attorney argued that Heard was a successful model and actress and should be able to maintain a high level of living on her own.

Heard’s original request for temporary spousal support was denied. The judge cited the length of their marriage and her successful career as factors, but stated that the ruling could change if additional information proved that it was warranted. Heard dropped her request for temporary support when publicity surrounding the case began to center more on her request for support than on her claim of domestic abuse.

Because there is no prenuptial agreement, the courts will eventually make a decision regarding spousal support unless the two parties reach an agreement on their own before the judge issues the final order.

Domestic Violence

Claiming that she was a victim of several acts of verbal and physical abuse, Heard requested a temporary restraining order against Depp. Her sworn declaration stated that she “endured excessive emotional, verbal, and physical abuse” throughout their marriage. She said that she was the victim of “angry, hostile, humiliating, and threatening assaults” whenever she disagreed with him or questioned his authority.

Heard cited a recent incident during which Depp allegedly threw an iPhone at her, hitting her in the face. The police came to their home at some point during the night of the alleged incident; however no arrest was made. Although Heard stated that the police officers saw her injury, the officers said that they did not see any visible signs of injury and that Heard did not tell them that she had been assaulted. One of those two conditions would have been necessary if they were to make an arrest.

What if This Case Were in NJ Instead of CA?

Would anything substantive have changed if New Jersey laws were in effect?

Grounds for Divorce

New Jersey and California are both no-fault divorce states, and “irreconcilable differences” are grounds for divorce. In New Jersey an 18-month separation is also grounds for divorce.

Spousal Support

In both states the duration of the marriage is a factor in determining whether a spouse should receive spousal support and for how long. As a result of New Jersey’s Alimony Reform Bill of 2014, alimony for marriages that lasted less than 20 years can only be granted for as long a period of time as the length of marriage unless the judge determines that unusual circumstances warrant the awarding of support for a longer period of time.

Whether in California or New Jersey, Heard would likely have to prove that the extravagant lifestyle she enjoyed because Depp’s wealth is so much greater than her own amounts to “exceptional circumstances” that warrant the granting of spousal support for more than the year and a half that the marriage lasted.

Domestic Violence

Although many people think of physical violence when they hear the term “spousal abuse” or “domestic abuse,” there are other forms of abuse as well. Many abusive behaviors, such as the verbal abuse Heard claimed she suffered, can be classified as emotional or psychological abuse.

These are the guidelines for making a domestic violence arrest in New Jersey:

• If the investigating officer(s) sees signs of injury, an arrest must be made.
• If there is no visible sign of injury, the victim must state that an injury has occurred, and the officer(s) must determine if there is cause for an arrest.

The same reasons that the police officers who came to the Depp home on the night of the alleged phone-throwing incident did not arrest Depp would apply in New Jersey. Although Heard claims otherwise, the officers said that they did not see signs of injury and Heard did not tell them that she had been assaulted.

Domestic violence is a serious problem in New Jersey and throughout the nation. Every year many thousands of women—and men—are abused physically, emotionally, and psychologically by family members and significant others. Women in households of less than $50,000 in income are most susceptible. Unlike Amber Heard, many do not have the resources needed to support themselves.

There is another side to this problem, however. Occasionally false claims of domestic violence are made in order to better one’s bargaining position in a divorce. At this point only Johnny Depp and Amber Heard know the true facts regarding the claims of domestic abuse.

The outcome of the Heard v Depp case is yet to be determined. Their hearing, which was scheduled for June 17, was postponed, but the temporary restraining order was extended until August 15. There are many millions of dollars at stake as well as the important matter of possible domestic abuse. Without a prenuptial agreement, unless the two parties reach an agreement first, the judge will determine how much spousal support Heard receives and for how long.

If you are the victim of domestic violence, have been falsely accused of domestic abuse, or have issues regarding spousal support, our skilled divorce and family law attorneys can help. We are available to take your call 24 hours a day, 7 days a week.