Domestic Violence

Alan Kraminsky, Esq., of Kraminsky Law, LLC has extensive experience representing his clients throughout the State of New Jersey in domestic violence and domestic abuse matters. Domestic violence affects everybody, including your family, friends, and the community. Domestic violence is not just issues between a husband and wife or a boyfriend and girlfriend. Domestic violence occurs every single day amongst family members, relatives, spouses and even coworkers or strangers can be subject to permanent restraining orders. 

Kraminsky Law provides a compassionate and experienced attorney in Alan Kraminsky who is here to provide the support and representation you need during this challenging time.

PROTECTING YOUR RIGHTS 

Domestic violence allegations can have devastating consequences on you, including the entry of a final restraining order, criminal charges, and loss of custody or visitation rights. It can also impact your ability to travel and lead to financial fines, penalties and potential civil damages. Alan Kraminsky, Esq. is committed to protecting your rights and helping you navigate the legal process with confidence.

At the initial intake, Alan Kraminsky will gather all the necessary facts and information to start building your case or your defense. Alan Kraminsky understands how challenging and stressful of a time it can be for a victim of domestic violence or for someone accused of domestic violence. Mr. Kraminsky has handled many of these cases in each of the county Courts in the State of New Jersey and has substantial experience and success in going to trial and obtaining favorable results for his clients for over a decade. More importantly, he is also very experienced in deescalating the situation where an FRO is not warranted and in resolving these matters through entering into civil restraints agreements whereby the parties can come to an agreement in effort to prevent further domestic violence and avoid the unnecessary expense of wasted legal fees.

When there has been an alleged act of domestic violence, a victim may request a Temporary Restraining Order (TRO) against the individual that allegedly committed the act of domestic violence. To obtain a TRO against another party, a victim must demonstrate to the Court that one of the following predicate acts of Domestic Violence took place in order to obtain the protections of a TRO:

• Homicide N.J.S.A. 2C:11-1
• Assault N.J.S.A. 2C:12-1
• Terroristic Threats N.J.S.A. 2C:12-3
• Kidnapping N.J.S.A. 2C:13-1
• Criminal Restraint N.J.S.A. 2C:13-2
• False Imprisonment N.J.S.A. 2C:13-3
• Sexual Assault N.J.S.A. 2C:14-2
• Criminal Sexual Contact N.J.S.A. 2C:14-3
• Lewdness N.J.S.A. 2C:14-4
• Criminal mischief N.J.S.A. 2C:17-3
• Burglary N.J.S.A. 2C:18-2
• Criminal Trespass N.J.S.A. 18-3
• Harassment N.J.S.A. 2C:33-4
• Stalking N.J.S.A. 2C:12-10
• Criminal Coercion N.J.S.A. 2C:13-5
• Robbery N.J.S.A. 2C:15-1
• New Jersey Prevention of Domestic Violence Act.
• Cyber Harassment
• Contempt of a domestic violence order, which constitutes a crime or disorderly persons offense.
• Coercive Control
• Any other crime involving risk of death or serious bodily injury to a person protected under the

In addition, the victim will have to demonstrate to the Court that a compelling need for the TRO exists. A victim can also include family members as protected parties under the TRO. Often, temporary restraining orders are accompanied by criminal charges, which unlike TRO proceedings, are heard in the criminal Courts of the Superior and Municipal Courts of New Jersey.

A New Jersey Judge will hear the request for a TRO and decide whether TRO is necessary to protect the victim pending a hearing for the issuance of a Final Restraining Order (FRO).  Since the judge only hears from one side when deciding whether to issue a TRO, it is easy for an alleged victim to obtain a TRO with minimal due process rights afforded to the Defendant until the FRO hearing.  Following service of the TRO, a hearing is scheduled to determine whether the TRO should be converted into an FRO. Restraining Orders are civil proceedings that are heard by a judge in the Superior Court of New Jersey, Family Part.

Our office represents both Plaintiffs in prosecuting their claims for domestic violence and Defendants in defending an alleged victim’s claims of purported domestic violence.

We have represented clients in TRO/FRO proceedings in each county in the State of New Jersey.

Here in New Jersey, Domestic violence is a serious crime against society. Every day, the men, women, and children of New Jersey regularly experience domestic violence in their homes. This includes domestic abuse between spouses, family members, boyfriends/girlfriends, ex-spouses, children, adoptive relatives, and roommates. You cannot get a TRO against just anybody. It must be a party enumerated under the New Jersey Prevention of Domestic Violence Act as set forth above. Most recently New Jersey expanded the protections of the New Jersey Prevention of Domestic Violence by expanding protections to abuse victims who have no relationship with their abuser and adds stalking and cyber harassment to the list of predicate acts.

APPEAL

If you have been served with a TRO, N.J.S.A. 2C:25-28 provides you with an opportunity to file an appeal of the TRO or other requests for modification or dissolution of the restraints.

THE FINAL RESTRAINING ORDER HEARING

In order for a Plaintiff (victim) to be successful at the time of an FRO hearing, the Plaintiff must prove by a preponderance of the evidence that the Defendant committed a predicate act of domestic violence AND that the Plaintiff fears for her/his safety and there is a need for the protections of an FRO.  At the hearing, the Court will consider the following:

• The previous history of domestic violence between the parties, including threats, harassment and physical abuse.
• The existence of immediate danger to a person or property.
• The financial circumstances of the parties.
• The best interests of the victim and any children.
• The existence of a verifiable order of protection from another jurisdiction.

The entry of an FRO against the Defendant has substantial consequences and may result in fines, finger printing and the entry of Defendant’s name into New Jersey’s domestic violence database. A Court can also award damages against the Defendant for the other party’s lost earnings, out-of-pocket expenses, medical bills, child support, attorney’s fees, and court costs.

POTENTIAL CRIMINAL CONSEQUENCES RESULTING FROM DOMESTIC VIOLENCE AND ABUSE

An allegation of domestic violence/abuse against another may result in the filing of criminal charges against the Defendant. If an officer responding to the incident finds probable cause to believe that domestic violence has occurred, the law enforcement officer shall arrest the person alleged to be the person who subjected the victim to domestic abuse if the victim shows signs of injury, a warrant is in effect, and other factors.

WEAPONS SEIZURE

Upon the entry of a TRO, a law enforcement officer in the State of New Jersey will seize all weapons from the Defendant including any firearms purchaser Identification Cards or Carry Permits.

If criminal charges are also filed, the County Prosecutor where the alleged act of domestic violence took place will file a Temporary Extreme Risk Protective Order (TERPO) seeking seizure of the Defendant’s weapons at a hearing. At that hearing, the County Prosecutor must prove by a preponderance of the evidence that the Defendant/Respondent poses a significant danger of bodily injury to the respondent’s self or others by owning, possessing, purchasing, or having custody or control of a firearm. After the hearing, the judge will decide whether to issue an extreme risk protective order.

Call Kraminsky Law

New Jersey Domestic Violence Attorney

Kraminsky Law, LLC is available 24 hours a day, 7 days a week. If you or a loved one are experiencing domestic violence and need the advice of a caring attorney who will defend and protect you, give us a call at 973-200-3787. Nobody deserves to live in fear or suffer from abuse. No matter how hard it can get, you need to find help before things can get worse. You are a simple telephone call away from getting the help and advice of a caring and dedicated professional.