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New Jersey Family Law Attorney Discusses Filing a Restraining Order

 

Woman: Good afternoon. I'm here today with Sean Conley, who's one of the attorneys in the family law department in the law firm of Helmer, Conley & Kasselman. Mr. Conley, if my partner damages our home but doesn't hit me, can I still get a restricting order?

Sean: Yes, it's a common misconception that a person actually has to be in some way physically injured in order for a domestic violence restraining order to be issued. In fact, there's a case from the appellate division from only a few months ago, in which a husband broke his wife's speakers, audio speakers, and then broke down the door to her bedroom. And the Court found that because he did that with jointly owned property, that being both the speakers and the jointly owned house, that he had committed the act of criminal mischief. Criminal mischief being a crime, it can form the predicate for the issuance of a domestic violence restraining order under New Jersey's Prevention of Domestic Violence Act.

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