New Jersey Domestic Violence Courts
The family court in New Jersey is involved with domestic violence cases, though these issues can also be addressed in municipal courts. These municipal courts are located in each and every town while family courts are organized in each county. Regardless of which court a case is handled in, domestic violence cases are only heard via bench trials, rather than jury trials. If you are going to New Jersey domestic violence court, you may need skilled representation from a dedicated domestic abuse attorney. By working with a lawyer, you might be able to protect your rights, get a protective order, and better take care of your family.
What Should Someone Do When they get to Domestic Violence Court?
The first thing that someone should do when they arrive in a New Jersey domestic court for a domestic violence case depends on the circumstances of their case. An individual could apply for a temporary restraining order at a police station, or, if it is during off-hours, a judge on duty can be called via phone to issue the order after hearing the individual’s description of events. If someone decides to go to the family court, they would explain the situation during a hearing before a judge.
People experiencing domestic violence should not minimize their situation, though many victims of domestic violence do so out of fear of the other person. By minimizing the alleged abuser’s behavior or omitting parts of their own story, the request for a restraining order and court protection might be denied. It is important that those experiencing stalking or domestic violence tell the whole truth and elaborate.
They should always discuss the other person’s history and any previous acts of domestic violence. If someone threatened, stalked, harassed, or assaulted them previously, they should tell the New Jersey domestic violence court about those past acts of domestic violence, whether they reported them at the time or not.
Aspects of Proof in Domestic Violence Cases
A skilled New Jersey attorney should be intimately familiar with every aspect of navigating the domestic courts. They should know the statutes, what elements must be proven or disproven, and case law regarding what circumstances rise to the issue of domestic violence. Based on their knowledge and experience, they should be able to guide their client and help them provide useful facts with their testimony.
Seasoned lawyers should be ready to strategize what proofs are necessary to disprove the claims against their client, which may involve obtaining certain records, police reports, videos, text messages, emails, letters, or certain records kept by the parties. An attorney’s job is to figure out what proofs are necessary and convey that to the client so that they can provide it in time for the hearing.
Attorneys may also have to prepare witnesses, determine which witnesses may be necessary, and meet with them to gather their stories and determine what information they do or do not have. New Jersey lawyer should also be prepared to send out subpoenas for those witnesses and compel their appearance in court, as not all are eager to attend hearings.
Let an Attorney Help You in Domestic Abuse Court
Navigating the New Jersey domestic violence courts on your own is difficult, but with the help of a dedicated team of attorneys, you may be able to prepare a stronger case to get the protection you need. Call right away to get the legal help you need.