Essex County Domestic Violence Lawyers

The law firm of Iacullo Martino, LLC, has represented both sides in domestic violence situations both in family court and criminal court. We help victims of threats of abuse escape a dangerous situation and obtain a restraining order. We also fight the misuse of restraining orders for unfair advantage in divorce or custody proceedings and the criminal charges that may arise out of a domestic violence allegation.

Our legal team has experience in New Jersey family law and criminal law. You can count on our experienced attorneys to assert your rights, whether you are seeking protection or are accused of domestic violence.

Do you need domestic violence representation? Contact our Nutley law office today. We practice family law in Essex County, Passaic County and Bergen County.

Nutley, Newark And Clifton Family Law Attorneys For Temporary And Final Restraining Orders

Domestic violence refers to occurrence of a physical assault, threats or harassment by a spouse or partner, a boyfriend or girlfriend, parent, sibling or roommate.

Obtaining A Restraining Order
If you need a restraining order, we will go with you to court to obtain an ex parte temporary order. If a temporary restraining order is issued you will get immediate relief, which will likely require the person who is alleged to have committed the act of domestic violence to move out of the residence and have no contact with you, directly or indirectly. Within 10 days, there will be a hearing on whether to issue a final order (permanent restraining order). At that hearing, we can make the case that the other party continues to pose a threat and that you are entitled to a final restraining order for your protection.

Challenging Domestic Violence Allegations And The Final Order

Most domestic violence cases arise out of a heated disagreement or minor altercation. Often times it is a one-time occurrence that would not warrant the issuance of a temporary or final restraining order. In deciding whether to grant a restraining order in the case of the judge or to press criminal charges in the case of the prosecution, the degree of injury, prior domestic violence incidents, mutual allegations, the police report and the wishes and cooperation of the victim will be considered.

More immediately, we respond to the temporary order and prepare for the final order hearing and will represent you in any associated criminal charges. We can seek an emergency application to retrieve your personal belongings and have contact with your children. In court, we will dispute that there was an act of violence or argue that it was an isolated incident or misunderstanding.

If we cannot defeat the final order, we will attempt to modify it to ease the no-contact restrictions and have access to your kids. The judge can order the person to pay temporary support and attorney fees. As a condition of the order, the judge might also require you to undergo alcohol assessment or anger management counseling.

We will also attempt to get the criminal charges dismissed or reduced in order to avoid future impact on your employment and reputation.

Domestic violence often arises in the context of a pending divorce or child custody action. We can often negotiate to dismiss the restraining order once the parties have separated and there is no claim of threat or harassment.

Experienced Family Law Lawyers

Call 973-498-8787 or contact us online to discuss your situation with the Essex County domestic violence attorneys of Iacullo Martino, LLC.