DAMIANO M. FRACASSO
ATTORNEY AT LAW
Celebrating 21 Years of Service
2001 - 2022
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This office can provide legal representation to those who are involved in domestic violence proceedings.
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24 Hours a day, 7 day a week a victim of domestic violence can retain this law office to obtain any and all relief available to them under the New Jersey Prevention of Domestic Violence Act. This office can also be retained 24 hours a day, 7 days a week to assist you in defending a false and malicious domestic violence restraining order brought against you by your abuser or other person intending to do you harm. Some of the domestic violence laws can be found in the New Jersey Statutes under N.J.S.A. 2C:25 - 71, et seq. and in the New Jersey Rules of Court under R. 5:4A.
The Laws of New Jersey Define a Victim of Domestic Violence as:
Any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. "Victim of domestic violence" also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. "Victim of domestic violence" also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship
The Laws of the State of New Jersey Define Domestic Violence as:
The occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:
(1) Homicide N.J.S.A. 2C:11-1 et seq.
(2) Assault N.J.S.A. 2C:12-1
(3) Terroristic threats N.J.S.A. 2C:12-3
(4) Kidnapping N.J.S.A. 2C:13-1
(5) Criminal restraint N.J.S.A. 2C:13-2
(6) False imprisonment N.J.S.A. 2C:13-3
(7) Sexual assault N.J.S.A. 2C:14-2
(8) Criminal sexual contact N.J.S.A. 2C:14-3
(9) Lewdness N.J.S.A. 2C:14-4
(10) Criminal mischief N.J.S.A. 2C:17-3
(11) Burglary N.J.S.A. 2C:18-2
(12) Criminal trespass N.J.S.A. 2C:18-3
(13) Harassment N.J.S.A. 2C:33-4
(14) Stalking N.J.S.A.2C:12-10)
PERSONS WHO WANT TO / HAVE / or HAVE ALREADY BEEN SERVED WITH A DOMESTIC VIOLENCE RESTRAINING ORDER:
24 Hours a day, 7 days a week, a person charged with a domestic violence related offense can ask to retain this law office to obtain legal representation after being served with a Temporary Restraining Order entered under the New Jersey Prevention of Domestic Violence Act. Very often criminal charges and arrests also follow the service of these orders. This office also represents persons accused of violating a Temporary or Final Domestic Violence Restraining Orders.
In State v. L.C., 283 N.J. Super. 441, 449 (App. Div. 1995), the New Jersey Appellate Division voiced “great concern” about the abuse of the Domestic Violence Act to “obtain a potentially unfair advantage to a matrimonial litigant.” From time - to - time, the Prevention of Domestic Violence Act may be misused. Under the law, the recipient of a Final or Temporary Domestic Violence Restraining Order can be ordered by the Court to be barred from their home, automobile, children, bank accounts, friends, complainant, relatives and certain locations such as their children's schools. Also they will be prohibited from possessing weapons, even if they are hunters, sportsmen and law enforcement officers. It is also important to point out that you can be ordered to pay child and spousal support. Because Domestic Violence matters can have a serious effect on your life, it is highly desirable and cost effective to hire an experienced Domestic Violence attorney to represent you in these matters. Depending on the facts of your case, a dismissal or order of compromise may be entered into which reflects a more favorable outcome than treating the charges as a foregone conclusion.
This law office can provide the following and other related Domestic Violence legal services:
Obtain Temporary Restraining orders for victims.
Obtain Temporary "Cross" Restraining Orders for Victims who were not given an opportunity to obtain a Restraining Order by the Police but have already been served with a Restraining Order.
Obtain EMERGENCY custody, support and residency for victims & their children.
Appeal municipal court denials of Temporary Restraining Orders.
Defend False & Malicious Temporary Restraining Orders.
Prepare and argue at Emergency Review Hearings (change previously ordered, custody, support, access to home and belongings on an EMERGENCY basis).
Prepare, Prosecute or Defend application for a Final Domestic Violence Restraining Order during a trial or review hearing.
Defend violations of Temporary or Final Domestic Violence Restraining Orders.
Prepare and argue motions to dismiss false and trivial charges arising out of domestic violence.
Appear and argue at weapons forfeiture hearings.
Defend related criminal charges.
Prepare and defend motions to amend or vacate temporary or final restraining order.
Represent you in an appeal to the Appellate Division if a Superior Court Judge wrongly entered a Final Restraining Order against you or denied your request to be granted a Final Restraining Order.
Assist you with dissolving any domestic violence restraining order when it is no longer necessary.