Domestic violence and child abuse are serious family law matters that require serious legal representation in civil court. Lyons & Associates, P.C., represent mothers, fathers, men, women and children in all types of family law matters.
In domestic violence child abuse cases, we represent survivors and the accused, including spouses and children, families facing litigation with the Division of Child Protection and Permanency (DCPP), formerly known as DYFYS, and those accused of domestic violence or abuse, including wrongfully accused fathers.
We are equipped to provide you with the experienced representation you need, the compassion and support to get through this tough time, and the network of experts and professionals to help bring your case to a successful conclusion. For additional information about some of the benefits of retaining our law firm, please visit our Benefits of Retaining Lyons & Associates, P.C. page.
We Handle All Civil Litigation Matters Arising from Domestic Violence
Our experienced New Jersey attorneys handle all matters stemming from domestic violence or abuse, including:
Our experienced New Jersey attorneys handle all matters stemming from domestic violence and abuse, including:
- Appeals to higher courts once an abuse trial already has occurred.
- Cases involving the DCPP.
- Contempt charges for violations of restraining orders.
- Divorce or family law litigation.
- Domestic abuse involving same-sex couples.
- Fathers or other individuals wrongfully accused of domestic violence in divorce or in other civil matters.
- Injury and survivors’ claims, domestic violence, child abuse, spousal abuse and neglect, sexual assault, physical abuse, mental abuse, psychological abuse, child neglect, and all forms of abuse and neglect/DCPP matters.
Contact an Experienced New Jersey Family Law and Divorce Lawyer at Lyons & Associates, P.C.
If you need guidance with a domestic violence matter or DCPP issue, our team of experienced New Jersey family law and divorce lawyers is here to help. Call us at 908-575-9777 or contact us online to schedule a free consultation.
Lyons & Associates, P.C., serves the entire State of New Jersey including Basking Ridge, Bedminster, Bridgewater, Mendham, Madison, Morris Plains, Morristown, Parsippany, Randolph, Rockaway, Short Hills, Somerset, Somerville, South Plainfield, Woodbridge and Somerset County, Morris County, and Union County.
Frequently Asked Questions About Domestic Violence and Child Abuse
I was served with a temporary restraining order in New Jersey, what should I do next?
A temporary restraining order (TRO) takes effect immediately upon service. It can remove you from your home. It is imperative that you pay close attention to and abide by the restrictions contained in the TRO, which may be to a residence, place of business, and may bar or severely limit all forms of communication with the plaintiff or other identified protected parties. You will be given a court date for a final restraining order hearing, usually within about 10 days.
What happens at a final restraining order hearing in New Jersey?
A final restraining order (FRO) hearing is a formal court proceeding akin to a trial where both sides present evidence, testimony, and witnesses. The judge decides whether the TRO becomes permanent, based upon the necessary legal criteria. If granted, a final restraining order in New Jersey does not expire and can have long-term consequences.
How long does a domestic violence case take in New Jersey?
Pursuant to the Prevention of Domestic Violence Act, which provides the legal framework for domestic violence cases in Family Court, courts prioritize the swift resolution of TRO matters due to the immediate and severe implications they pose. However, related matters like custody, divorce, or DCPP involvement can extend the timeline of interrelated cases significantly, depending on the complexity of the case.
Will a restraining order affect child custody in New Jersey?
It depends. The issuance of a TRO can immediately impact a parent’s custodial rights, and may remain in effect until the resolution of the TRO matter. While the circumstances of every case are different, if a FRO is entered against one party, it is likely that custody and parenting time will be impacted. Courts prioritize the safety of the child, and allegations of domestic violence, especially in the presence of the child, may lead to supervised visitation, required courses such as parenting classes or anger management counseling, a risk assessment to be conducted, and/or loss of custody depending on the circumstances.
Can a domestic violence charge be dropped in New Jersey?
Not always. Even if the alleged victim wants to drop the case, prosecutors can still move forward depending on the evidence. Restraining order cases are handled separately in civil court and are decided by a judge.
What happens if I violate a restraining order in New Jersey?
Violating a temporary or final restraining order is taken very seriously and can result in arrest, criminal charges, fines, or jail time. Even accidental contact or indirect communication can be considered a violation.
How does a DCPP investigation start in New Jersey?
A DCPP investigation typically begins after a report of suspected child abuse or neglect is made to the agency This report, although typically anonymous, can come from schools, medical professionals, or other third parties or mandated reporters. Once involved, DCPP can investigate your home, interview family members, and take legal action if necessary.
Can false domestic violence accusations be challenged in New Jersey?
Yes. False or exaggerated accusations do happen, especially during divorce or custody disputes. These cases require strong evidence, cross-examination, and a clear legal strategy to challenge credibility and protect your rights.
Can a Family Court temporary restraining order be dismissed before the court hearing in New Jersey?
Yes, but it’s not automatic. The plaintiff can request to dismiss the temporary restraining order, but the judge must approve it. Until the court formally dismisses the TRO, all restrictions remain in place and must be followed.
Does a domestic violence restraining order show up on a background check in New Jersey?
Once a final restraining order (FRO) is entered against the defendant, there are certain reporting requirements that are triggered. The defendant is required to relinquish any and all firearm ID cards or permits, submit to fingerprinting and register with the New Jersey Domestic Violence Central Registry. The registry and this reporting can appear in background checks and accessible law enforcement. It can impact employment opportunities, housing applications, and professional licenses.