Domestic violence is serious. Every year, thousands of women, children, and men are abused by family members and significant others. Equally troubling is the number of false domestic violence claims that are made to gain the upper hand in divorce disputes.

When most people think about spousal abuse, they think of physical violence. However, the Prevention of Domestic Violence Act reflects a number of emotional, psychological, and physical actions as domestic violence. See the below article for ehow.com for a definition of domestic violence.

Temporary Restraining Orders (TRO) are almost always granted when domestic violence allegations are made. A hearing for a Final Restraining Order must be held within ten days. It is important to have experienced legal representation at this hearing. If a Final Restraining Order is granted, it is permanent. The consequences can include granting exclusive possession of residence, granting temporary custody of children, punitive damages, medical coverage for the victim, and limiting visitation with children.

At Aretsky & Aretsky, we are committed to working with people throughout New Jersey dealing with domestic violence. We are committed to ensuring that victims of domestic violence are protected. We also defend the rights of people who are falsely accused of spousal abuse. In addition to our experience handling family law matters, we have significant experience handling criminal defense matters. Our broad experience in these areas of law put us in a position to effectively deal with domestic violence claims.

If you are a victim of domestic violence or have been accused of spousal abuse, please contact Aretsky & Aretsky in Ridgewood, New Jersey. Our attorneys can be reached by phone at (201) 996-0234

Domestic Violence Laws in New Jersey

By Paul Caruso, eHow Contributor Paul Caruso is a freelance journalist with many years experience writing on a diverse set of subject matter. Caruso has written on technology, health, environment and international politics. His work has appeared in several publications, including Worlpress.org and NewsTarget.com

New Jersey residents would do well to remember a few points of law in instances where tempers between friends and family may flare. The Garden State takes cases of domestic violence very seriously.In 1991, the New Jersey State Legislature passed the Prevention of Domestic Violence Act (PVA), which designated domestic violence as a serious “crime against society” and which implemented some very serious civil and criminal sanctions against those who perpetrate it.According to the PVA, which is now law under the New Jersey Permanent Statutes, the legislature found that domestic violence is pervasive to the point where thousands of individuals in the state are “regularly beaten, tortured and in some cases killed by their spouses or cohabitants.”

Definition

• As defined by the New Jersey State Legislature, domestic violence can entail main acts perpetrated by both adults and emancipated minors under domestic or familial circumstances.These acts include: murder, kidnapping, assault, terroristic threats, harassment, stalking, sexual assault, criminal sexual contact, criminal mischief, criminal trespassing, burglary, false imprisonment and lewdness.This definition and criminal penalties for any of these acts as defined under this banner of “domestic violence” apply to emancipated minors. Unemancipated minors–defined as those still under the care of parents or a guardian– cannot be charged with any of these acts under laws governing domestic violence.

Temporary Restraining Orders

• In 1991, released in tandem with the new domestic violence laws, the New Jersey Supreme Court and the New Jersey Attorney General issued the “Domestic Violence Procedures Manual.”
  According to the recommendations laid out in the manual, individuals who have suffered domestic violence should first obtain a restraining order against the abuser.
  A temporary restraining order can be gained through two courts: Superior Court, Chancery Division, Family Part, or through their local municipal court.
  If a victim of domestic violence needs to obtain a restraining order against an abuser outside of court hours of operation, on weekends or during court holidays, he must contact local law enforcement who will aide him in obtaining the order through a judge.

Final Restraining Orders

• If a “final,” or permanent, restraining order is sought by a victim of domestic violence, she will need to appear at a court hearing before a judge of the Superior Court, Chancery Division, Family Part, to explain her case and to request the order.
  This hearing will take place usually within 10 days of the issuance of the temporary restraining order and both parties must be present, though in most cases the victim of the abuse may present her case to the judge without the alleged abuser being present.

Penalties

• As the definition of domestic violence in New Jersey is broad, a vast array of civil and criminal penalties may apply to parties convicted of charges under this banner.
  Under the state’s domestic violence laws, judges may attach additional measures to the sentences of convicted abusers.
  Such measures may include: mandated alcohol or drug treatment, and restitution of legal fees incurred by the plaintiff during prosecution.

Read more: http://www.ehow.com/list_6305186_new-jersey-domestic-violence-laws.html#ixzz2iZy5IFSW

If parents can’t come to an agreement on the custody of their child/children or the New Jersey courts deem it NOT in the best interest of the child they will step in and make that decision. The New Jersey law cares most about the children. The course of action laid out by the court can take months to complete, yet it is very clear that the courts are seeking the best interest of the child. Aretsky & Aretsky Attorneys in Bergen County, New Jersey can bring some clarity to your divorce and child custody issues. If you are seeking an alternative way to help your family get through the divorce process, our collaborative attorneys in Bergen County have the answer. Collaborative law is a non-adversarial process that allows you and your spouse to work out a mutually agreed-upon plan to handle child visitation schedules, child support, alimony payments, asset division, and any other details necessary to finalize your divorce. The collaborative law process enables you and your spouse to control the outcome of your divorce rather than a court and helps preserve good familial relations for the benefit of your children. Aretsky & Aretsky Attorneys can be reached at the Ridgewood Office 257 E. Ridgewood Ave., Suite 303 Ridgewood, NJ 07450, Phone: (201) 996-0234 or https://www.aretsky-law.com/ The following article from the Digital Journal, published this week, explains in great detail the role of New Jersey courts when parents fail to agree upon child custody.

New Jersey resolution of child custody and parenting time issues

In New Jersey, the judge will consider all the relevant evidence in making child custody and parenting time decisions, but the law requires that he or she consider an extensive list of specific factors. September 24, 2013 /24-7PressRelease/ — A parent has so much at stake when it becomes clear that custody of his or her child is going to be at issue either in divorce, separation or when he or she is not married. With which parent will the son or daughter primarily live? What will be the arrangements for visiting with the other parent? Who will make important decisions for the child? In New Jersey, however, the law cares most about the children in these situations, asking what would be in their best interests above all. In the best scenario, the parents will be able to negotiate an agreement that lays out how the family will handle child custody and parenting time. New Jersey law requires that the judge follow the parents’ agreed-upon arrangement, unless it would not be in the child’s best interest, in which case the judge may reject the proposed arrangement. If the parents are unable to hammer out an agreement, custody and visitation will be decided by the court, which can be unsettling for the parties. After all, the judge does not know the family personally and must make such monumental decisions on its behalf. First, the court must order the couple into mandatory mediation to see whether working with a neutral third-party trained in dispute resolution allows them to come to agreement. (This may not be the case if domestic abuse is an issue.) This mediation will take place through the court system, with a court mediator conducting the mediation at the courthouse.

Role of the child expert If mediation fails and child custody is disputed, the judge may order the parties to each submit a proposed custody and parenting time plan. In addition, the court will want a specially trained child expert to conduct a custody evaluation. This expert is a mental health professional with expertise in children and their relationships to their families and parents. In most cases, the parties agree on a joint expert or the judge appoints one to conduct the evaluation. In only a handful of cases, each party hires their own and two evaluations are prepared. The expert’s evaluation of each spouse’s parenting styles, their respective homes and all family relationships is extensive and usually takes four to eight months. Many individual and family interviews take place, psychological testing is done, and family history and important records carefully considered. The expert will analyze all relevant evidence in light of the best interests of the children, and make detailed findings and a custody recommendation in a lengthy (up to 100 pages or so) report. During the evaluation or after it is issued, the parties may continue to negotiate in an attempt to come to agreement on the custody issue. They know that the judge is likely to give great weight to the thorough evaluation of the expert with his or her professional background in child development. Ultimately, if the parties cannot settle, the judge will schedule the matter for trial and the child expert will be called as a key witness. As a separate matter, the judge has discretion to decide whether to interview the child in court chambers. The court may also appoint for the child a guardian ad litem or legal counsel or both.

Best interests There are two components to custody — legal custody and physical custody. Legal custody is the right to participate in important decisions that affect the child (health, education and general welfare) and the right to access the important information that affects the child. The parents usually have joint legal custody, but in certain circumstances one parent solely has legal custody rights. Physical custody is where the child lives, as well as the parenting time (visitation) arrangements between the parents. There can be joint physical custody of a child, where there is no primary residence. Alternatively, one parent is designated as the parent of primary residence, and the other as a parent of alternate residence. In either case, a parenting time schedule is then formulated for the parties. The judge will consider all the relevant evidence in making custody and parenting time decisions, but the law requires that he or she consider an extensive list of specific factors, some of which include:

• Parents’ ability to work together for the child.
• Parental wishes and any history of unwillingness to spend time with the child.
• Parent-child and child-sibling relationships.
• Domestic violence, past and potential.
• Child’s wishes if mature enough to form an intelligent opinion.
• Child’s needs.
• Stability of the respective parents’ homes.
• Child’s education.
• Parental fitness.
• Geographical locations of parental homes.
• Parent-child time during the marriage and during any separation.
• Parental work commitments.
• Age and number of children.

Finally, the law favors ongoing relationships with both parents when it is in the best interest of the child and the court may not find a parent unfit unless that mother or father has acted in a way that had a “substantial adverse effect on the child.” Seek legal counsel

Any parent in New Jersey facing custody and visitation decisions should speak with an experienced New Jersey family law attorney to understand how the law is likely to apply to the parent’s particular family situation and for help either negotiating a settlement agreement or resolving the matter in court, if necessary

Read more: http://www.digitaljournal.com/pr/1484329#ixzz2g7V74XBG

Whether you were served with divorce papers or you are the one seeking a divorce, this can be a very long and difficult process for all parties involved, especially if there are children caught in the middle. Unfortunately, it is all too common for the two people divorcing to allow their emotions to dictate their actions, which they often regret afterward. A lawyer is available to help sort through the issues that are most important to you, and to assist you in making appropriate preparations for the new life you will now have. It is understandable that you desire to protect your financial stability, and this is why it is especially important for you to hire a divorce attorney. This way, you not only desire to have your and your children’s best interests being represented, but you will have peace of mind knowing that someone is working to protect your rights, your assets and your financial future. Having a divorce lawyer will actually protect your ability to stay financially stable once the divorce process is completed.Once you know that divorce is the next step, it is important for you to hire a family lawyer to be your guide, protector, and defender. Here are some tips for finding a divorce/family lawyer that is a good fit for you.

1. Ask Around. It is likely that you have friends or family who have experienced a divorce and have had a personal experience.
2. Do Your Homework. Once you have a few names to contact, look online for reviews of this lawyer’s previous cases. Don’t be afraid to ask him/her for clients you can contact and inquire about the services they received. Ask whether the lawyer was easily accessible or whether the client had to wait several days before getting a call returned. Inquire about any unexpected fees that were added during the process.
3. Ask All The Questions You Want. This is your opportunity to conduct and interview and find out whether this lawyer is one you can trust with your divorce details. You may set up a consultation, but be sure to find out up front what the cost is. Most lawyers charge for an initial consultation, around $100-$200. Ask such questions as:
4. Go With Your Gut. If your initial reaction is uneasiness or a sense of not being understood or respected by this person, then walk away. It is better to lose a little bit of money because of a bad feeling than to stay with a lawyer who you do not feel comfortable with.
5. Get It In Writing. Once you have found the best family lawyer to represent you, be sure to get your agreement in writing. This is, after all, a business relationship and you want to make sure that you have a formal agreement of what this relationship will entail.

We work hard to ensure our clients are treated with the utmost care, especially while experiencing the pain and agony that divorce often brings. Call us today to set up a consultation so that we can help you plan for the next steps you need to take.

Property Division in New Jersey Divorce Cases

Bergen County Divorce Lawyers

Property distribution is often the most contentious issue in the dissolution of a marriage or civil union. Disagreements over the division of marital assets drive many divorce cases to trial. At the New Jersey law office of Aretsky & Aretsky, our divorce lawyers are committed to providing effective legal representation in negotiations, mediation, or divorce court.

Property Mediation in NJ Divorce

We encourage you to attempt mediation, as it is often the most cost-effective method for reaching a property settlement agreement, but our number one goal is always to ensure your interests are protected. If that can only be accomplished in court, we are experienced trial attorneys ready to handle your case. As noted in our prior post and video which gives more detail on divorce mediation, the decision to use a mediator is likely to save you money, time, and further damage to the relationship between the divorcing couple. The process of divorce can lead to major acrimony that is sometimes avoided through mediation. Contact our Ridgewood law office to meet with an attorney to discuss mediation as an option.

Experienced Attorneys Handling High Asset Cases

There are several interrelated issues that people will need to consider when reaching an agreement on the division of marital property. These are:

• What is (and is not) part of the marital estate (marital versus separate non-marital property)?
• Is there a valid prenuptial agreement which governs the distribution of marital and non-marital property and any award of alimony?
• What is the value of each asset or debt?
• How can marital assets be divided and what are the tax consequences associated with the division?
• Who will benefit the most from having each marital asset? And what other property may offset it in the negotiations?
• Is spousal support a consideration in this divorce?

Each of these issues can present challenges, particularly in complex divorce cases involving business holdings and deferred executive compensation packages. By utilizing attorneys who have years of experience with complex cases, there is less chance of overlooking assets or negotiating away rights or money. The tax issues alone can be beyond the scope of either party to the divorce or even their accountants. In complex divorce accountants are generally involved in determining distribution, but there are many ways to value things, and many decisions will have major tax consequences. Who will pay the tax is part of the complexity of property division. Our attorneys have extensive experience investigating and negotiating fair property settlement agreements. When it will be helpful, we work with financial experts to help clients understand their assets and make informed decisions regarding marital property distribution.