Domestic violence is defined by the American Medical Association as “the physical, sexual, and/or psychological abuse to an individual perpetrated by a current or former intimate partner.” An intimate partner can refer to anyone dating or people who are cohabiting.
Domestic violence is not just physical violence, fighting or arguing. Domestic violence may be a chronic abuse of power that tortures and controls the victim by calculated threats and intimidation. Actual physical violence is often the end result of months or years of intimidation and control. While domestic violence is gender–neutral, women are more likely to experience injuries or incur psychological damages from their partners.
Temporary Restraining Order (TRO)
In New Jersey, domestic violence is taken very seriously. If there are any signs of physical injuries, police must arrest the abuser immediately, even without witnesses. A temporary restraining order (TRO) may be requested against an abuser by applying to the Family Division of Superior Court, Domestic Violence Unit. This order prohibits an abuser from harassing or entering a residence, among other things. If the court is closed, TROs can be obtained from a local police department.
TROs bear a date by which a person and his or her alleged abuser are required to appear in court for a hearing, usually within ten days of the original issuance of the TRO; an attorney may be present.
Final Restraining Order (FRO)
At the hearing, a judge determines if a final restraining order (FRO) is warranted. The judge will also decide at that time under what conditions and for how long the FRO should be in effect. Once a final restraining order is issued, it should be carried on one's person at all times. This makes its enforcement easier should the abuser violate the order.
If you or someone you love has been or is a victim of domestic violence, take steps to protect yourself or your loved one immediately. Kearns Rotolo Law understands the emotional stress domestic violence victims endure and will treat these cases with great concern and attention. Anthony Kearns, former Hunterdon County prosecutor, and Victor Rotolo, former police officer, protect the rights of their clients. Call today.
Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, marking his seventeenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law."
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.
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