If you are a victim of domestic violence and need to file for a Restraining Order in New Jersey, you can call the police or go to your local police station if it is after business hours or you can go to your local county court during the day (usually between 8:30 am and 4:00 pm). In order to file for a Restraining Order at your local police station, there must have been a recent incident. If you tell them about an incident from several days ago, they will most likely tell you to go to your local family court during the day in order to file for the Restraining Order. The police will contact a judge at home who will determine whether or not to grant the temporary Restraining Order at that time. A hearing will be scheduled at Court within 10 days of the date that you file for the Restraining Order so that a judge can determine whether to grant a Final Restraining Order.

It is important to contact an attorney as soon as possible to discuss your case and prepare for a trial because the hearings are often scheduled quickly, sometimes after only a few days. You will need to prove that there was a recent incident of domestic violence, that there has been a prior history of domestic violence, and that you need the protection of a Restraining Order. Many factors go into proving these things to the Court, and it is best to have the advice and assistance of an experienced attorney. Please call my office at 856-745-8214 for an appointment.

Please remember that if you are a victim of domestic violence and are in immediate danger, call 911. If you need shelter or counseling, each county in New Jersey has a domestic violence agency that can provide you with assistance. The New Jersey Domestic Violence Hotline is 1-800-572-SAFE (7233), and it is staffed 24 hours a day, 7 days per week.

The terms spousal support and alimony are similar but do not have exactly the same meaning. Both terms refer to support paid from one spouse to the other spouse after separation, but spousal support refers to support paid while the spouses are living separately but still married with no divorce pending in Court. Alimony is support paid from one spouse to the other spouse after the divorce is final. You should note that alimony is not ordered by the Court in all divorces. It is a determination that depends on the particular facts and circumstances of each case. Another term, Alimony Pendente Lite (otherwise known as APL) is support paid by one spouse to the other spouse while the divorce is pending in Court.

There are specific factors that the Court must consider before ordering support to be paid from one spouse to the other spouse, and it is generally only ordered when one spouse earns significantly less than the other spouse. The legislature recently changed the law in New Jersey ending “Permanent Alimony” and instead allowing Limited Duration Alimony (alimony paid for a set amount of time) or Open Durational Alimony (alimony will be reviewed at retirement). Each situation is unique, and it is a good idea to discuss your specific situation with an attorney in order to find out whether you may be able to receive spousal support or alimony or whether you may be required to pay spousal support or alimony.

If you were recently served with divorce papers in a New Jersey case, you should be aware of an important deadline. You have 35 days to file a response to the divorce papers (also known as a Complaint for Divorce) with the Court. The response is called an Answer, and it must be prepared and filed with the Court with the filing fee within 35 days of the date that you were served with the paperwork. A telephone call or verbal response of any kind will not protect your rights in the divorce or give you an opportunity to be heard by the Court. You must file the required written response in order to protect your rights. For this reason, it is important to contact an attorney as soon as possible after receiving divorce papers so that your attorney has sufficient time to prepare and file an Answer on your behalf within the 35-day deadline.

Once the Answer has been filed, you will be able to make your own requests throughout the divorce process and respond to your spouse’s requests and arguments. If you do not respond within the 35-day time period, the Court may not allow you to respond or explain your position at a later date and may very well enter a default judgment against you. Therefore, it is important to act quickly after being served with divorce papers and contact an attorney right away.

Family Court judges always tell litigants that the best way to resolve a custody dispute is for the parties to work out their differences themselves and create a custody schedule that works best for them and their children. In addition, children benefit from having their parents reach an agreement about custody and visitation schedules because there tends to be less animosity and tension between their parents when there is an agreement.

New Jersey courts require that parents in custody disputes attend at least one mediation session with a court mediator, and attorneys are not permitted to be present. If no agreement is reached, the case will be listed before a judge. It is a good idea to retain an attorney prior to the court mediation session so that you can find out your custody rights and options. That way you will be well-informed when you attend the mediation session. In addition, you can have your attorney review any agreement that is reached before you sign it, your attorney can continue negotiations for you if a final agreement is not reached, or you are represented and ready for the next listing before a judge if no agreement is reached at mediation.

Laurie is following in her grandfather’s tutelage, the former Mayor of Fair Haven and prominent attorney Milton Kosene.  Counselor Kosene was on the forefront of the legal world during his reign in Monmouth County. In following Milton Kosene’s mentoring and establishing life-long business relationships, Laurie is reaching out to people in the Fair Haven area in need of legal assistance as she explores opening an office in Monmouth County, in a town such as Fair Haven, Red Bank, Colts Neck, Rumson, Little Silver, or Shrewsbury.