31. What happens if a bail order or sentencing order is not obeyed?
If the abuser does not obey the terms of the bail order or the sentencing order, he or she can be arrested and put in jail. Call the police if a violation occurs. Have your copy ready to show the police when they arrive.
32. Will I need a lawyer to handle these procedures?
The New Jersey Prevention of Domestic Violence Act was written so you can do everything yourself, which is called "pro se" in legal terms. There are times when you may want to consult a lawyer, especially if you are considering a divorce because of an abusive and threatening marital relationship. You may contact a lawyer through your county legal services office or county bar association lawyer referral service. Also, your local domestic violence program may know of lawyers with particular expertise in domestic violence.
33. Are there ever any false complaints made under the Domestic Violence Act?
In my experience, the area of domestic violence is one of the most abused laws in the State of New Jersey. In my opinion, in about one half of the cases, the primary reason why the wife filed for the restraining order is because she wants to evict her husband from the home. Remember, even if a couple are divorcing, both parties have equal rights to live at the marital home. In my opinion, about one half of domestic violence complaints that are filed every year are frivolous. There appears to be three major reasons for filing groundless domestic violence complaints. They are as follows; 1. The "victim" wants to exclude the estranged spouse or lover from the home. 2. The "victim" wants to achieve a perceived advantage in the context of a contested child custody action. 3. The "victim" wants to punish the alleged aggressor for things having nothing whatsoever to do with domestic violence. If an innocent party has been unjustly accused of an act or acts of domestic violence, it is strongly recommended that competent legal counsel be immediately sought. Pro se representation should be avoided if at all possible. In choosing an attorney to defend against a false domestic violence claim, great care must be taken to ensure that the attorney is well-versed and experienced in this area of the law. It is extremely difficult to get rid of a Final Restraining Order "once one has been entered" without the purported victim's consent. Experienced New Jersey Family Lawyers with special knowledge of our domestic violence laws should be contacted the moment it is suspected that a false accusation may emerge.