Domestic abuse or violence may be an ongoing issue. Maybe it’s the reason for seeking a divorce. In instances of high-conflict divorce, one spouse may make false allegations of domestic violence against the other in order to gain the upper hand in a child custody, alimony or property division dispute. In any case, it has an alarmingly damaging effect on the family, the children especially.
At The Law Office of Agnes Rybar, LLC, in Toms River, New Jersey, I represent both men and women in domestic violence situations. Victims of abuse and those accused of domestic violence have legal rights that need to be preserved. There are times when negotiation can be accomplished to satisfy the rights of both parties to mutual advantage.
Temporary Restraining Orders In Ocean County
Temporary restraining orders are issued by the court in order to protect a victim from alleged domestic abuse in lieu of a final restraining order, which requires firmer evidence and is issued after a hearing.
Restraining orders, in general, prohibit the abuser from coming into contact with or even being in close proximity to the domestic violence victim and may order the abuser to leave the home. Both temporary restraining order and final restraining orders are granted to protect the safety of the victim, not to penalize the perpetrator. However, a final restraining order has serious sanctions for the defendant.
Negotiating For A Civil Restraining Order
One option is to negotiate a civil restraining order. While a civil restraining order does not have the kind of protections that a final restraining order has, there are some advantages for both parties. As your attorney, I can help you accomplish this.
Many domestic violence cases actually end up being negotiated for a number of reasons. A civil restraining order works well for people on the verge of divorce, for instance.
When you negotiate civil restraints, people promise to stay away from each other, with exceptions for parenting time and visitation, and it allows them to negotiate financial issues. The benefit to the victim is that there is no burden of proof and the case can’t be dismissed, as is so for a final restraining order. The benefit to the alleged abuser is avoidance of serious consequences.
Contact A Toms River Domestic Violence Lawyer
When you have questions about domestic assault or violence of any kind, or to arrange a confidential consultation with lawyer Agnes Rybar, call 732-286-7763 or contact us online.
One Hadley Avenue
Toms River, NJ 08753
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The Law Office of Agnes Rybar, LLC, in Toms River, New Jersey, serves clients throughout Ocean County, Monmouth County and elsewhere in South Jersey and along the Jersey Shore, including many in Forked River, Brick and Lakewood.