South Jersey Domestic Violence Lawyer

Domestic violence can be a difficult situation on all sides.  Carl Taylor is an experienced domestic violence attorney who has seen all kinds of situations and helped people with some of the darkest times in their lives.

These cases often involve emergency petitions for restraining orders, criminal charges, and an immediate need for child custody, child support, and divorce orders.  Going to court is often a necessary step, and our attorney can help with these filings, responses, and ongoing legal issues.

For a flat-rate case consultation with a domestic violence lawyer, call Carl Taylor Law Firm LLC at (609) 359-3345 right away.

Options for Victims of Domestic Violence in South Jersey

Getting a domestic violence lawyer on your side can help you understand what steps are available to you and what additional legal steps need to be taken to do things "the right way."  Resorting to self-help or trying to go around the legal systems -- e.g., by moving with your children before getting a custody order in place -- can actually jeopardize your rights later.

When you are a victim of domestic violence, you often have two major courses of action available:

• Calling the police
• Filing for a restraining order/protective order.

While calling the police can get charges filed against the defendant -- and potentially put bail restrictions in place that prevent them from contacting you -- the goal of criminal charges is punishment, not protecting victims.

Benefits of a Restraining Order or Protective Order

Filing for a restraining order can get immediate, emergency relief in the following ways:

• Order the defendant not to contact you
• Temporarily kick the defendant out of a shared home
• Keep the abuser from accessing your children
• Protect your access to shared accounts and funds
• Take away an abuser's guns
• Keep them from harassing you at work or other places.

Of course, if they do anything further to you, you can call the police again -- but if you have a restraining order in place, it makes subsequent violations even more serious.

How Long Does an Emergency Protective Order Last?

If you file for an emergency "temporary restraining order" (TRO), it can be granted after a brief hearing where you present the issue to a judge.  During this "ex parte" hearing, the defendant is not there.

You will get a copy of the order so you can deliver it to your workplace or family members who might need to know not to help the defendant contact you.  You should also keep a copy to show the police in case you need to call 911 again.

This lasts 10 days before a new hearing is scheduled and the defendant gets a chance to respond to the allegations.  From there, a final restraining order (FRO) can be granted to extend the no-contact/protective order indefinitely.

If circumstances change, the court can modify the order -- e.g., if you get back together or the defendant reforms their behavior.

Sorting Out Child Custody, Child Support, and Property Rights After Domestic Violence

Restraining orders are powerful tools to keep an alleged abuser away from shared children, shared homes, shared accounts, and the alleged victim.  However, effecting changes and enforcing rights often requires a court order.

Shared Children

If a victim and defendant share children, courts need to set child custody and support orders in place for as long as the parents will be living separately, whether that is caused by a breakup or domestic violence.  This will include any visitation or shared custody rights, which might be significantly restricted because of the abuse allegations.

Shared Property

Shared property -- especially among married couples -- also needs to be dealt with.  Like with any other separation, there may be cars, houses, accounts, and other assets the parties shared that need to be divided.

Financial Support

If you are going to seek a divorce because of this abuse, it is also important to note when the separation started and begin treating assets as separate.  If the alleged abuser controls shared accounts, you may also need a court order to get access to funds or alimony to support yourself and pay for a lawyer while the divorce is pending.

Can I Challenge a Restraining Order in South Jersey?

Our attorneys can also help alleged abusers fight restraining orders.  While these are powerful tools used to stop abuse and protect victims, they are also sometimes unfairly applied.

In the initial hearing, the respondent/alleged abuser has no right to appear with a lawyer and challenge the allegations.  This response comes 10 days later when a longer hearing is held to see whether the TRO should be turned into a final restraining order.

At this point, you can bring our lawyer to represent you, fight the allegations, and get a restraining order removed.  If a restraining order is fair, we can also help negotiate terms that make the petitioner feel safe but do not interfere with your parenting and property rights.

This is especially important if you share parenting duties, if you cannot afford to live somewhere else, and if you need access to your home, shared vehicles, and other property that an FRO might remove.

Can I Stop My Partner from Moving Away with Our Kids After Abuse Allegations?

After you have been accused of domestic abuse, your partner might try to move away with the kids.  This is one reason it is incredibly important for both sides to get lawyers and have them negotiate child custody and support terms or else go to court for a custody order.

Moving away and taking shared children away from their other parent usually is not allowed without the parent's or a court's permission.  You can file in court to get shared custody and visitation rights, which might make it impossible or impractical for your partner to move your children far away.

However, the abuse allegations will be an important part of the case.  Proof of abuse can sway a court into stripping you of custody or allowing the co-parent to take the kids away and leave you with only periodic visitation.

Call Our Domestic Violence Attorney in South Jersey Right Away

To protect yourself and your rights, call Carl Taylor Law Firm LLC's domestic violence lawyer at (609) 359-3345 for a 1-2 hour, flat-rate case consultation.

Take the First Step?

Schedule a Flat Rate $250.00 Consultation with the firm and receive a 1-2 hour strategy session with Carl and a complementary copy of his book "Happily Even After: the Guide to Divorce in New Jersey.