Filing a Restraining Order in Eagleswood, NJ
A restraining order is a requirement imposed by the court that prohibits one person from contacting, through electronic or other means, the person who filed for the restraining order against him or her. In Eagleswood, like the rest of New Jersey, a judge may grant a temporary restraining order to any person who fears for his or her safety from domestic violence.
In New Jersey, a judge can grant a restraining order to an applicant who is not physically present. An applicant may testify his or her reasons for seeking a restraining order via radio, telephone, or other device, which may be recorded. If the applicant appears to be at risk for, but not proven to be a victim of, domestic violence, a New Jersey judge may grant him or her a temporary restraining order. When one’s well-being is at risk, the concerns of the party against whom the restraining order is being sought are not considered.
In cases where domestic violence has been proven, a final restraining order may be issued. A final restraining order is a permanent requirement that one party never contact the other.
Visitation Lawyers in Eagleswood, NJ
In divorces where children are involved, visitation agreements go hand-in-hand with custody and child support discussions. It is always of the utmost importance that children spend time with both parents in constructive, healthy environments.
In New Jersey, N.J.S.A. 2C:13-4(a) prohibits interference with time a child spends with his or her parent(s). Interference is defined as any act that keeps the child from the parent, including taking and concealing the child. It is a third degree crime, which is punishable by a fine of up to $15,000 and up to three to five years in jail. The presumption of non-imprisonment, as described in N.J.S.A. 2C:44-1, does not apply in cases of interference of custody or parenting time.
Visitation agreements work best when parents communicate with each other. Not all issues of missed parenting time are cases of criminal interference. A misunderstanding or unusual circumstance can cause one parent’s time with the child to run into the other’s. In these situations, direct and open communication is key. It is suggested that you speak with an experienced divorce lawyer for guidance on how to follow your visitation arrangements without any problems.
Collaborative Divorce in Eagleswood, New Jersey
The terms of divorce don’t always have to be decided in a courtroom. For couples who have a civil relationship, a collaborative divorce can provide them with a more empowering way to end their marriage. Villani and DeLuca collaborative divorce attorneys are available to couples in Eagleswood who are considering a collaborative divorce.
In a collaborative divorce, both parties outline their goals for the divorce’s outcome. They then work together with lawyers to finalize these goals into terms regarding the division of property and care and custody of any children involved. Working together through a collaborative divorce encourages communication and respect between the divorcing parties, often leading to healthy outcomes.
Experienced Eagleswood Divorce Lawyers
The divorce attorneys at Villani and DeLuca have proudly served New Jersey families for almost twenty years. They will bring their experience and knowledge to your case and help you achieve the best possible outcome for your divorce. Villani and DeLuca’s network of professional relationships includes mental health and financial professionals who can be part of your case and work as a team toward its resolution. If you are thinking about filing for divorce in Eagleswood, NJ or you have another family law issue, contact an experienced divorce lawyer today at (732) 965-3350.