Domestic Violence

Resch & Driscoll, P.C. is ready to assist you in filing a domestic violence complaint or defend you against domestic violence charges.

 

New Jersey's domestic violence laws are very strict.  If there is any evidence of physical abuse or assault, the police are required to immediately arrest the accused assailant, regardless of whether or not there are witnesses or physical injuries.

 

Unlike criminal cases, in which a person is provided with lengthily due process, a domestic violence hearing is usually held within ten days of a filed complaint and/or temporary restraining order. After a hearing, a judge may grant substantial portions of the complainant. Among the relief the court may give is:

 

  • An order restraining the defendant from any contact with the domestically abused 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 cost and life restrictions (often referred to as penalties) on the line, the burden of proof in a domestic violence hearing is only a gathering of evidence.  Needless to say, when facing domestic violence charges, it is imperative to have a skilled attorney in your corner.

 

At Resch & Driscoll we encourage everyone involved in a domestic violence case to put the best interests of children ahead of short term animosity.  Financial limitations often limit the family's capacity to become embroiled in lengthy divorce and custody battles.  Regardless of which side of the case we're on, we will work to achieve an equitable outcome and see that all parties' rights are upheld.