In this issue:
1. RESTRAINING ORDERS in DOMESTIC VIOLENCE CASES
2. Criminal Indictable and Disorderly Offense Penalties
3. New articles on website www.njlaws.com
-Family Court Rules
-ESTATE PLANNING FOR GAY AND LESBIAN COUPLES WHO HAVE NOT REGISTERED AS DOMESTIC PARTNERS
-Estate Planning Ideas for Single, unmarried parents
-FREE WILL SEMINARS AND SPEAKERS BUREAU
4- Upcoming events/ races
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1. RESTRAINING ORDERS in DOMESTIC VIOLENCE CASES
New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault.
Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence.
Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order. After a hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant. Among the relief the Court may give is:
“...(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.
(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties...
(3) An order providing for visitation...[ meaning the complainant obtains custody]
(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence...
(6) An order restraining the defendant from entering the residence, property,
school, or place of employment of the victim or of other family or household members of the victim...
(7) An order restraining the defendant from making any communication likely to cause annoyance or alarm...
(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members...
(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, any identification documents, a key, and other personal effects.
(10) An order awarding emergent monetary relief to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law...”
(11) An Order awarding temporary custody of a minor child. The court shall presume that the best interests of the child shall be served by an award of custody to the non- abusive parent.
(12) An Order requiring that a law enforcement officer accompany either party to the residence to supervise the removal of personal belongings.
(13) An Order granting any other appropriate relief for the plaintiff and minor children
(14) An Order that the defendant report to the intake office of the Family Part for monitoring
(15) An Order prohibiting the defendant from possessing any firearm or weapon
More information on restraining orders in our new 22 page article at http://www.njlaws.com/RESTRAINING_ORDERS_in_DOMESTIC_VIOLENCE_CASES.htm
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2. Criminal Indictable and Disorderly Offense Penalties
Disorderly person criminal offenses- ex Simple Assault,
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and other penalties
Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum
There are many other penalties that the court must impose in criminal cases. There are dozens of other penalties a court can impose, depending on the type of matter.
Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6 month- 2 year loss of license, Probation, drug testing and other penalties. If attorney's Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.
-Petty Disorderly person - 30 days jail
Petty DP $500 Fine, VCCB and other penalties
Indictable Criminal Penalties [Felony type]
Jail Fine Probation
1st degree 10- 20 years $200,000 [presumption of jail]
2nd degree 5-10 years $150,000 [presumption of jail]
3rd degree 3- 5 years $15,000 1 year- 5 year
4th degree 0- 18 months $10,000 1 year- 5 year
There are many other penalties that the court must impose in criminal case. There are dozens of other penalties a court can impose, depending on the type of matter.
If you or a family member are charged with a criminal offense, you should retain an experienced criminal attorney to argue to reduce the penalties!
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3. New articles on website www.njlaws.com
Family Court Rules
http://www.njlaws.com/family_court_rules.htm
ESTATE PLANNING FOR GAY AND LESBIAN COUPLES WHO HAVE NOT REGISTERED AS DOMESTIC PARTNERS
http://www.njlaws.com/probate_ESTATE_PLANNING_FOR_GAY_AND_LESBIAN_COUPLES.htm
Other new web articles:
Estate Planning Ideas for Single, unmarried parents
http://www.geocities.com/kenvnjlaw/EstatePlanningsingleunmarried.html
FREE WILL SEMINARS AND SPEAKERS BUREAU
http://www.geocities.com/kenvnjlaw/FreeSeminars1.html
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4- Upcoming events/ races
July 15- Janet Vercammen Staschiak blender drink social at Ken's house in South Brunswick
July 16 10 mile, 10 Bar Long Branch Train Station to Belmar / Bar Anticipation. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball. Info will be posted at Rumson HashHouse Harrier website: http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
Recent charity races:
June 29 ETS FIRECRACKER 5K 18:39 3rd age group
First place team
1 KENNETH VERCAMMEN TEAM 1:17:26
16. David Rosenblatt Robbinsville, NJ 38 18:37
17. Kenneth Vercammen North Brunswick, NJ 45 18:39
32. David Hoch East Brunswick, NJ 50 20:02
33. Dan Fabrizio Princeton, NJ 43 20:08
36. John Liptak Kendall Park, NJ 42 20:16
41. Kathleen Rocker Metuchen, NJ 40 20:27
59. Gordon Deal Kendall Park, NJ 38 21:27
92. Mary Foley New Egypt, NJ 49 23:17
105. Cheryl Scher East Brunswick, NJ 40 23:56
132. Imme Dyson Princeton, NJ 68 25:26
July 4- East Stroudsburg PA Hot Dawg 3.2 19:12 1st overall- Defending champ
July 10- New York City Triathlon- Olympic distance Ken V overall time 2:47:56- [1,500 meter swim 24:30 in Hudson River, bike 40k up, Henry Hudson Parkway -1:30:32, then Run 10,000 meters in Central Park. 43:44 ]
http://www.nyctri.com/Results/NYC2005AG.txt
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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