South Jersey Domestic Violence Attorneys

In a domestic violence case, the stakes are incredibly high, and the need for sound legal guidance is immediate. Whether you are a victim seeking a restraining order to secure your safety or have been accused and must defend your rights and reputation, your future is on the line. These cases proceed on an accelerated timeline in New Jersey, and every decision has lasting consequences for your family, home, and livelihood.

The attorneys at Rigden Lieberman Mignogna, P.A. have a significant background representing plaintiffs seeking protection and defendants answering allegations. This dual-sided practice gives our team a distinct and comprehensive understanding of the strategies employed by each party in a Final Restraining Order (FRO) hearing. We know what is required to build a persuasive case, how to challenge evidence, and how to navigate the nuances of these deeply personal proceedings. We provide this level of advocacy to individuals throughout Burlington, Camden, Gloucester, Mercer, Atlantic, Cumberland, Salem, Cape May counties.

To discuss your case with a domestic abuse attorney in South Jersey, call our firm for a confidential consultation at (609) 772-4218.

Understanding Domestic Violence in New Jersey

What Constitutes an Act of Domestic Violence in New Jersey?

New Jersey’s Prevention of Domestic Violence Act defines domestic violence far more broadly than just physical assault. For a victim to obtain a Restraining Order, they must demonstrate that the defendant committed one of nineteen specific predicate acts. These offenses range from overtly violent acts like assault and terroristic threats to non-physical conduct such as harassment, stalking, cyber-harassment, and criminal mischief. This comprehensive scope means that a pattern of threatening or controlling behavior can constitute domestic violence, even if no physical contact has occurred.

Who Is Protected Under New Jersey’s Prevention of Domestic Violence Act?

The protections of the Act are not available to everyone; they are reserved for individuals who have or have had a specific qualifying relationship with the person accused of abuse. The law covers current or former spouses, individuals who have a child together (or are expecting one), and people who live together or have lived together in the same household. 

The Act also protects those who have been in a "dating relationship." Because this last category can be subjective, a court may examine factors like the relationship's duration, its interaction frequency, and the parties' shared expectations to determine if it qualifies for protection.

Navigating the Restraining Order Process in Burlington County

The process begins with obtaining a Temporary Restraining Order (TRO) for individuals seeking protection. This is done ex parte, meaning the defendant is not present. A judge reviews the plaintiff's complaint and, if sufficient grounds are found, issues the TRO to provide immediate protection. The order prohibits the defendant from contacting the plaintiff and may include other relief, such as temporary custody of children.

Within 10 days of the TRO being issued, the court schedules a hearing for a Final Restraining Order (FRO). This hearing is a summary trial where both parties can present evidence, call witnesses, and cross-examine the other side. The judge will listen to all testimony before deciding whether to dismiss the case or issue a permanent FRO. Because the outcome of this hearing is final, having capable legal representation is critical.