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AREAS OF PRACTICE

Domestic Violence

Resch & Driscoll, P.C. will defend you against Domestic Violence charges or assist you in filing a Domestic Violence complaint. The state of New Jersey has very strict domestic violence laws; if there any signs of physical injuries, the police must arrest the abuser. Even without independent witnesses and no physical injuries, police are automatically required to arrest an abuser if they see any evidence of abuse or assault.

Unlike a criminal case where a person is provided with lengthy due process, a domestic violence hearing is usually held within only ten days of the filing of a complaint and/or temporary restraining order. After a hearing, the Chancery Division, Family Part Judge may grant substantial portions of the complainant. Among the relief the Court may give is:

• An order restraining the defendant from domestically abusing the victim
• An order authorizing exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties.
• An order compelling the defendant to pay the victim monetary compensation for losses suffered as a result of the domestic violence
• An order providing for visitation
• An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim
• An order restraining the defendant from making any communication likely to cause annoyance or alarm
• An Order awarding temporary custody of a minor child. The court shall presume that the best interests of the child shall be served by an award of custody to the non- abusive parent.
  

Despite the substantial financial burden and life restrictions (often referred to as penalties), the burden of proof in a Domestic Violence hearing is only a gathering of evidence. At Resch & Driscoll we encourage the parties to put the best interests of children ahead of short term animosity. Financial limitations often limit the family ability to become involved in lengthy divorce and custody battles. A Domestic Violence complaint can be withdrawn. For more information about Domestic Violence please contact Denis Driscoll at (201) 488-5454 or email Denis@LawyerNJ.com

Resch & Driscoll, P.C.
A Professional Corporation
175 Hudson Street
Hackensack, NJ 07601
(201) 488-5454
Fax (201) 488-0282

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