Over 20 Years Of Experience
How Perez Family Law Can Help With Domestic Violence
Perez Family Law provide compassionate and aggressive legal defense specializing in restraining order cases. Amilcar J. Perez, Esq. is experienced in advocating for the rights of his clients and is known for having handled thousands of New Jersey court cases.
Domestic Violence Defense
Being accused of domestic violence can have serious and far-reaching consequences. A restraining order can impact your personal relationships, restrict your access to your home, and even affect your employment. At Perez Family Law, we are well-versed in defending clients against both Temporary Restraining Orders (TROs) and Final Restraining Orders (FROs).
Consequences of a Final Restraining Order Being Issued
A final restraining order (FRO) in New Jersey can have many consequences for the defendant, including:
Contact restrictions: The defendant is prohibited from contacting the plaintiff, their family, or their employer. This can include oral, written, personal, or electronic contact.
Children: A restraining order could prevent you from parenting time and affect your custody rights with your children.
Residence restrictions: The defendant may be barred from the plaintiff’s residence or other places. They may also be required to vacate a shared residence.
Financial obligations: The defendant may be ordered to pay child support, emergency funds, or the plaintiff’s financial losses.
Counseling: The defendant may be required to attend substance abuse counseling or other evaluations.
Firearm restrictions: The defendant is prohibited from owning or possessing firearms. They may also be required to surrender other weapons.
Registry: The defendant’s name is added to the Administrative Office of the Courts registry for domestic violence offenders.
Fines: The defendant may be fined $50–$500.
Photographing and fingerprinting: The defendant will be photographed and fingerprinted.
Notification: The defendant’s school or employer may need to be notified.
Job loss: The defendant may lose their job if they work for a state or federal institution.
Traveling: The defendant may be detained by airport personnel when trying to fly out of state or country.
Reputation: The defendant’s reputation may be damaged.
Social relationships: The defendant may experience isolation and emotional distress.
Immigration Status: A Final Restraining Order may have a negative impact on your immigration status and ability to gain citizenship.
Our approach includes, but not limited to:
Challenging the evidence: We meticulously review the allegations and gather evidence to refute false claims.
Representing you in court: We provide aggressive advocacy during restraining order hearings to ensure your side of the story is heard.
Minimizing consequences: We work to protect your reputation, your freedom, and your future.
You deserve a fair defense, and we’re here to stand by your side.
Violation of a Final Restraining Order
Violating a Final Restraining Order (FRO) in New Jersey is a criminal offense with severe penalties, including fines, jail time, and a permanent criminal record. If you’ve been accused of violating an FRO, Perez Family Law can help.
Consequences of Violating a Restraining Order
Violating a restraining order in New Jersey is a criminal offense and can have serious consequences, including:
Arrest: The police can arrest you for violating a restraining order, even for a minor violation like a text or email.
Jail time: The severity of the sentence depends on the circumstances, but you could face up to 18 months in prison:
- First violation: You could face up to 180 days in jail and fines of up to $1,000.
- Second violation: You are required to serve at least 30 days in jail.
Fines: You could face fines of up to $10,000.
Felony charges: Prosecutors may charge the violation as a felony, which carries a more severe penalty.
Our Team Will:
Analyze the circumstances: We examine the alleged violation to identify misunderstandings or procedural errors.
Build a strong defense: Whether the violation was accidental or the accusation is unfounded, we craft a strategy to protect you.
Advocate for alternative outcomes: We explore options like reduced charges or diversion programs when applicable.
Victims of Domestic Violence
For individuals experiencing domestic violence, we provide compassionate legal support to ensure your safety and well-being. We are experienced in assisting victims who need protection.
Our services include, but are not limited to:
- Representation in court: We advocate for your safety during hearings, presenting clear evidence of abuse.
- Exploring additional legal options: We guide you through divorce, custody, or support cases that may arise from domestic violence situations.
The Prevention of Domestic Violence Act provides that the trial court must consider the following seven factors in a Final Restraining Order Hearing:
1. A history of acts of domestic violence between the parties, including any of the predicate acts.
2. Immediate danger to the plaintiff or property.
3. Financial circumstances of the parties.
4. Best interests of the victim and any children.
5. The safety and protection of the victim in determining custody and parenting issues.
6. A verifiable order of protection from another state or jurisdiction.
7. Coercive Behavior- exercise of control
At Perez Family Law, your safety is our priority, and we are here to support you.
Schedule Your Consultation Today
Whether you’re defending against a restraining order or seeking protection as a victim, Perez Family Law is here to listen and provide solutions tailored to your situation. Contact us today to schedule a confidential consultation. Together, we’ll navigate the legal process and work toward the best possible outcome for your case.
