Home to nearly 350,000 residents, Somerset County is one of New Jersey's least-populated areas. Regardless of the county's size, however, domestic violence remains a top issue. In 2021, Somerset County added 919 domestic violence petitions to the court, putting the statewide number over 35,000 case originations.
Any number of domestic violence offenses is too many, particularly when they affect families. With over 10,000 domestic violence cases involving children, litigation has the potential to tear apart families of any culture or socioeconomic status. While New Jersey's Prevention of Domestic Violence Act (PVDA) provides robust protections for alleged victims, it grants courts broad discretion in determining whether acts of domestic violence have occurred. Protective orders levied—without the accused present in many cases—can significantly disrupt family life, with consequences such as:
- Banning those accused from their own homes
- Interrupting child custody arrangements
- Jeopardizing employment opportunities
- Tearing apart families living together
Keeping your family together is the Lento Law Firm's number one priority. Our team of attorneys will protect your rights throughout the petition and trial process, ensuring those involved remain free from false allegations or overreaches by the criminal justice system. Our Family Law Team has partnered with countless families throughout Somerset County and statewide to reach the best outcome possible with the New Jersey court system. Call us today at 888-535-3686 or contact us through our confidential consultation form, and we will reach out to you.
How Does Somerset County Treat Domestic Violence?
Throughout New Jersey, municipalities use the PDVA, which defines several crimes that constitute domestic violence when they are committed in the context of domestic or dating relationships. Critically, the PDVA does not firmly label a "dating relationship," meaning that there is no set time limit for how long a couple must have been seeing one another for inclusion under the law.
The PDVA asserts that one or a combination of the following crimes constitutes domestic violence when carried out against someone in a domestic or dating relationship:
- Assault and Homicide
- Burglary and Robbery
- Criminal Restraint and False Imprisonment
- Sexual Assault and Criminal Sexual Contact
- Criminal Trespassing and Lewdness
- Harassment and Cyber Harassment
- Stalking and Kidnapping
- Terroristic Threats and Criminal Coercion
- Contempt and Criminal Mischief
In supporting families involved with domestic violence, the law also protects certain parties associated with the charges, known as "protected persons." They include those at least 18 years old or emancipated minors subjected to violence by a spouse, former spouse, or any other person who is a present or former household member.
Applying for a Protective Order in Somerset County
Restraining orders (ROs) are one of many protective orders that prohibit the accused (defendant) from having contact with the accuser (petitioner). Court mandates could include a myriad of civil directives, from being trespassed from their residence, family, and friends, obligations for child or spousal support, and orders to vacate frequented locations—even places of employment.
Victims alleging domestic violence may file a restraining order (RO) in Somerset County Superior Court's Family Division located at 20 North Bridge Street in Somerville. However, parties may only file in Somerset County if it is:
- Where the petitioner resides (even if temporarily due to the alleged incident)
- Where the defendant resides
- Where the alleged incident of domestic violence occurred
Those filing criminal complaints—in addition to requesting an RO—must go to the municipal court or the police department where the alleged domestic violence incident happened. In some cases, a judge may grant a temporary order (TRO) without the defendant present in an ex parte hearing. Nevertheless, all parties must attend a final hearing for the judge to decide on an FRO.
Final Restraining Orders
TROs are applicable until the Somerset County judge presides over a hearing where both parties are present and can argue their case. Since the judge's determination relies heavily on evidence, both defendants and plaintiffs reserve the right to retain counsel. Once all relevant information has been heard, the judge will make a ruling, denying or finalizing an FRO.
FROs are effective for up to three years, and can affect the defendant in a number of significant ways, and may have additional terms the TRO did not, such as:
- Granting ownership of a shared residence to the plaintiff
- Awarding custody of shared children to the plaintiff
- Forcing the defendant to pay child or spousal support
- Bans from contacting the plaintiff, shared children, and connected family members
- Implications for eligibility for volunteer work and some professional licenses
While ROs are civil orders, breaching them results in criminal charges—criminal contempt, to be exact. If there are other allegations involved—harassment, criminal mischief, or terroristic threats—Somerset County will levy additional charges. In New Jersey, criminal contempt charges are a disorderly person's offense, which carries penalties of up to six months of incarceration and a $1,000 fine.
The Lento Law Firm Family Law Team Is Your Trusted Ally
The PDVA provides residents of Somerset County relief in case of domestic violence; however, navigating the complex legal landscape can be confusing for those enduring a family crisis. The last thing you want when trying to keep your family together is filing briefs, searching for evidence during discovery, and arguing before a judge. When allegations of domestic violence arise, you need prompt relief from a team that understands your sensitive situation.
The Lento Law Firm's Family Law Team stands prepared to ensure your rights are protected from the domestic violence petition through the FRO hearing. We are well-known throughout Somerset County and have been essential in upholding the wishes of families, including those with children involved. We are integral to gathering evidence in favor of your case, negotiating with court officials, and seeking modifications to ROs to mitigate contempt charges.
Reclaim your freedom from intimidation or toward defending yourself in Somerset County court by partnering with us the moment allegations arise or the court initiates a TRO. To get started today with the Lento Law Firm Family Law Team, call us at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
