Restraining Orders and Family Violence Issues

Central Jersey Family Law Attorney Elizabeth P. Kunkel

Victims of domestic violence need immediate protection, but allegations can tear families apart and cause lasting damage to children. The Elizabeth, New Jersey, law firm of Elizabeth P. Kunkel, Attorney at Law, can represent either party in these serious but sensitive matters. If keeping the family together in the long run is important, we can help work out solutions that the court will accept.

We represent both women and men in domestic violence proceedings throughout Union County and the surrounding counties of Central Jersey.

We represent clients in:

• Seeking a temporary restraining order (TRO) or permanent order
• Challenging final restraining orders
• Modifications of restraining orders
• Restraining order violations

Domestic Violence Restraining Orders

Elizabeth Kunkel represents plaintiffs and defendants. A spouse or co-habitant can seek the court's protection on any grounds of domestic violence: assault (aggressive or threatening behavior), battery (actual physical harm or contact), sexual assault, stalking or harassment, terroristic threats, criminal trespass, criminal mischief, lewdness, or false imprisonment.

A judge orders a Temporary Restraining Order, usually with only the victim present in court. The alleged abuser will be removed from the home by police escort and ordered to have no contact with the victim or children. Within 10 days, a hearing usually is held on whether to make the TRO permanent as a Final Restraining Order (FRO).

A judge granting an FRO can impose an interim order awarding custody and child support to the victim—and can impose additional restrictions on the accused, including anger management counseling or chemical dependency treatment.

If You Are Charged with Domestic Violence

Because of the severe ramifications for your criminal record, your custody rights, and perhaps your employment and future job prospects, it is critical to have competent representation. Ms. Kunkel has unique insight in the judicial decision-making process through her clerkship with Judge Robert Mega who handled numerous FRO and violation of FRO matters.  She can challenge the FRO and defend you against the serious charges of violating a restraining order.

Beyond the Incident

From the beginning, we handle family violence cases with the sensitivity and discretion our clients need. If it is in the best interests of you and your family, we will help modify restraining orders to either restrict contact or provide some flexibility for family relations.