Domestic Violence Lawyer NJ
Compassionate Domestic Violence Attorney in NY Protects the Rights and Interests of Clients in Bergen County, Hudson County, Queens County, Long Island, and Throughout North Jersey and NYC
Have you been a victim of domestic violence? If so, you should not have to live in fear of future harassment or harm. A domestic violence lawyer in NJ from Choi Law Firm can help you advocate for your rights in a domestic violence matter. Since 2005, our firm has been dedicated to providing clients with seasoned legal advice, helping them pursue outcomes that improve their and their families’ futures. When you turn to us for help with your domestic violence case, you can expect our legal team to take a hands-on approach to represent you. With more than 40 years of combined legal experience, our attorneys can provide you with prompt legal support and vigorous advocacy.
Do not wait to speak with an experienced, compassionate domestic violence lawyer in NJ about your situation. Reach out to Choi Law Firm for a case evaluation to go over your legal options if you have become involved in a domestic violence matter.
When Do You Have a Domestic Violence Case?
Domestic violence occurs when a person commits a specific offense enumerated under the state’s domestic violence law against a person that they share a qualifying relationship with. Examples of relationships that may give rise to a domestic violence case include:
- Separated or divorced spouses
- Currently or having previously resided in the same household
- Dating, intimate, or sexual relationship
- Having a child in common or anticipating having a child in common (due to pregnancy)
A perpetrator of domestic violence must be at least 18 years old, legally emancipated, or be married or have a child (or be pregnant with a child).
What Are the Types of Domestic Violence That a Domestic Violence Lawyer in NJ from Choi Law Firm Can Help You With?
At Choi Law Firm, our experienced domestic violence attorneys in NY can provide the legal assistance you need in domestic violence cases arising from:
- Terroristic threats
- Sexual assault
- Criminal restraint
- False imprisonment
- Criminal sexual contact
- Criminal mischief
- Criminal trespass
- Reckless endangerment
What Can You Expect in a Domestic Violence Case?
In New York and New Jersey, a domestic violence case begins when an alleged victim of domestic violence files a civil complaint or petition with the court to seek a protective order. When you file a domestic violence complaint or petition, you will be expected to describe the incident of domestic violence that led to the complaint or petition, as well as any other incidents of domestic violence between you and the perpetrator. In your complaint or petition, you can also tell the court what specific forms of relief you want in any protective order issued by the court, including precluding the perpetrator from abusing, harassing, or stalking family members and friends, requiring the perpetrator not to come within a certain distance of you, excluding the perpetrator from any home you share, or ordering the perpetrator to pay child support if you share children.
Once you file your complaint or petition, the court will issue a temporary protective order, which lasts until the conclusion of your domestic violence case, unless earlier withdrawn by the court. The court will also schedule a hearing to decide whether to issue a final protective order. Prior to the hearing, you must ensure that the party you filed the case against is served with the complaint and summons, either by having the police serve the paper or hiring a private process server.
At the hearing, both you and the party you filed your complaint or petition against will have an opportunity to present evidence, witnesses, and testimony to the court. After considering the evidence, if the court finds that an act of domestic violence occurred and that you need a protective order to prevent future acts of domestic violence, the court will issue a final order of protection. Final orders in New Jersey are permanent, while final orders in New York can last anywhere from two to five years.
Contact Us for a Confidential Consultation to Discuss the Details of Your Case with a Knowledgeable Family Law and Domestic Violence Lawyer from Our Firm
Get the legal help you need from a family law and domestic violence lawyer who assists clients in Bergen County, Hudson County, Queens County, Long Island, and throughout North Jersey and NYC. Contact Choi Law Firm today for an initial case review to see how we can protect your rights in your domestic violence matter.
Frequently Asked Questions about Domestic Violence in NY/NJ
If you are seeking a protection order after becoming the victim of domestic violence committed by someone who lives in your home — such as a partner or spouse — you can request that the court includes in the order a provision that your abuser is required to vacate the house. Courts can order this even if your home is leased or titled solely in your abuser’s name. However, you may also want to consider whether it is safe for you to remain in the home, or whether you may be better protected by moving out of the house so that your abuser does not know where you are.
In most cases, a protective order following domestic violence is lifted when the person whom the protective order was entered for advises the court that they no longer need the order for their protection. A defendant in a domestic violence case might also be able to get a protective order dismissed if they can show good cause, although courts are extremely reluctant to dismiss protective orders unless requested by the victim or by both parties.
“I always felt that they were genuinely fighting for me; truly looking out for my best interests."
I am very grateful for Sandra Choi and her team. They were kind, compassionate, thorough and very professional throughout the entire process of my case. I always felt that they were listening to my concerns and interests and provided all the professional advice and answers to my questions that I needed to feel confident about my decisions.”
“One of the best things about Ms. Choi is that she is caring and listens carefully to understand your situation."
Sandra Choi is attentive, kind, thoughtful, and professional. She was thorough and well-prepared throughout my case, and I was impressed by her honesty and work ethic. Ms. Choi and her team were helpful and responsive to my questions and concerns, and she certainly exceeded my expectations. I highly recommend Ms. Choi and her team.