Domestic Violence – What You Need to Show to Get a Restraining Order

By on January 30, 2012 in Domestic Violence

Please note that this is not legal advice. See our disclaimer.

If you have been the victim of domestic violence or abuse, you may believe that your best recourse is to obtain a restraining order, limiting the access or contact of the person who abused you. This blog post outlines the procedure for obtaining a  protective order in Pennsylvania or New Jersey, including who may seek a protective order and who you may seek an order against.

Protective Orders in Pennsylvania

In Pennsylvania, a court order limiting contact by one person with another is known as a Protection From Abuse (PFA) order. You must be 18 years of age or an emancipated minor to seek a PFA. You may request protection for you or your minor children against any household member, including spouse, domestic partner, sibling, parent or child, or anyone related to you by blood or marriage. You may also seek protection from a former intimate partner, including a same sex partner. Even if you don’t fall into one of those categories, you should always call the police if you are in immediate danger.

To initiate the process, you must complete and file the PFA petition. This petition will require that you name the abuser and identify yourself. You will also be asked to identify the nature of the abuse. The judge will listen to and weigh all the evidence, looking to determine whether there is a risk of further abuse if the order is not put in place. The standard that the judge will apply is a “mere preponderance of the evidence.” This means that the judge must simply determine whether the evidence suggests that it is more likely than not that you will be at risk for abuse. If the judge believes that you or your children are in imminent danger, a temporary order will be issued, which will stay in effect until a full hearing is held usually (within 10 business days).

Protective Orders in New Jersey

In New Jersey, you may get a restraining order against a spouse or former spouse, any present or former member of your household (you must be 18 or an emancipated minor), against someone you are dating or have dated, or against someone with whom you are expecting to have or have had a child. This includes same-sex partners.

To begin the process in New Jersey, you must also file an application for a restraining order. You do not need to appear in front of a judge to have a temporary restraining order put in place. If the judge determines, based on your affidavit or sworn statement, that you are in danger of domestic violence, the judge may issue an immediate temporary restraining order. A full hearing must then be scheduled before a final restraining order may be granted.

Contact Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of family and criminal law experience. Our attorneys work with people in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at888-652-0384 (in New Jersey at609-523-2222).

 

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Domestic Violence Orders Stay in Effect Until Canceled

By on December 30, 2011 in Domestic Violence

Please note that this is not legal advice.  See our disclaimer.

It’s the most wonderful time of the year, right? A time of love and forgiveness, a time of good cheer, warmth and healing…a time when you can let bygones be bygones? However, if you are the subject of a restraining or protective order because of allegations of domestic violence, it’s no different than any other time of the year. It can be easy to get caught up in the spirit of the holidays, and try to make contact with a former spouse or partner, or to send a Christmas card or gift. Any one of these actions may be a violation of the court order, and the courts will not be kind, just because it’s Christmas. You may find yourself in contempt and face the possibility of sanctions, including jail time.

The reality is that a court order is a court order. The only permissible way to make contact when prohibited by court order is to obtain permission through the court. While the specific restrictions may be unique to your restraining order, as a general rule, a “no contact” order means that you cannot talk to, call, write to (including letters of apology or contrition), fax, e-mail, text or communicate with the other person in any way. Even if the protected person consents to contact, you can still be in violation of the court order. Even if the other person initiates contact, sending you an e-mail, calling you on the phone or sending you a card, you can be in violation of the court order if you respond, and may be subject to arrest.

A restraining order may have a specific ending date or it may be an indefinite order, which can last forever. Either way, the Order will remain in effect until the ending date, or until the court suspends or terminates it. You cannot change the terms of the order, or the termination date of the order, without seeking and obtaining the court’s permission. To do so, you must file a written request.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

If you have already engaged in conduct that violates a restraining or protective order, you want an experienced lawyer to protect your rights. At Hornstine, Pelloni & Hornstine, LLC, we have decades of experience.  We work with men and women in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Using Bankruptcy to Manage Debt in Divorce

By on November 8, 2011 in Divorce

Please note that this is not legal advice.  See our disclaimer.

If you have incurred extensive debt during a marriage, or find yourself facing overwhelming financial obligations as a result of a divorce, a personal bankruptcy filing can help you get a fresh financial start. You may have a home that required two incomes to maintain. You may have substantial credit card or medical bills that you simply can’t pay with your income alone. A personal bankruptcy petition can put a stop to all creditor action against you, from phone calls and letters to repossession, foreclosure or other legal actions.

If you are already a party to a divorce, you will most likely be unable to get the cooperation of your ex-spouse to jointly address your financial concerns in a bankruptcy proceeding. When considering bankruptcy, you will want to first determine whether you want to try to keep all your assets and work out new payment plans with creditors, or whether you are willing to sell certain assets in order to be permanently free of some of your financial obligations.

Under Chapter 7, you can permanently discharge unsecured debt, such as credit card obligations, medical bills and signature loans, in exchange for the sale of non-exempt property. Certain debts, such as student loans, some tax obligations and child support arrearages, are generally not eligible for discharge in bankruptcy. In addition, you can often keep up certain items of property, including up to a certain dollar value in homes, cars and personal items.

In a Chapter 13 proceeding, you can keep all your property, but must work out new payment arrangements with all your creditors, agreeing to settle most debts over a three-to-five-year period.

When you file for protection in bankruptcy, you are immediately entitled to the automatic stay established by the federal statute. This prohibits your creditors from calling you, writing you, or taking any legal action against you, other than through the bankruptcy proceeding.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Horstine, Pelloni & Hornstine, LLC, we have decades of experience.  We work with men and women in Pennsylvania and New Jersey, using our knowledge, skill, experience and resources to help you get the outcome you want. To schedule a free initial consultation, contact our office online  or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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When Your Children Have Busy Lives: Visitation for Custodial and Non-Custodial Parents

By on October 4, 2011 in Custody & Visitation

Please note that this is not legal advice.  See our disclaimer.

If your children are like many kids in today’s world, they have a lot on their plates. In addition to school and activities such as music, sports or other programs, they may be involved in church groups, or participate in community activities. If you are a non-custodial parent, you may have encountered a situation where your ex-spouse didn’t want your child to come with you during normal visitation, because of an extra-curricular or academic activity. If you are the custodial parent, you may want to be certain that your child’s needs and concerns are being met.

There’s simply no way around it—if your children are going to be active, and both parents are to have meaningful time with the children, you have to be flexible and cooperative, and you need to have open communication. Though you can put together a custody and visitation plan that addresses every issue, you want to be careful, as contingencies can occur and you may not be able to keep your commitments. Three key components in an effective plan include:

  • Knowing what your children want—Make certain that your children are only participating in activities that are necessary, or that they really want to do.
  • Planning how visitation will coincide with extra-curricular activities—Put together a long-term plan as to who will see that children get to activities.
  • Communicating as early as possible when changes are necessary—When emergencies arise, don’t wait until the last minute to request a change.

You may also have concerns about how your child’s academic needs are being addressed. Does your child study on nights and weekends with the noncustodial parent? Does the custodial parent ask you to take care of all special matters, such as science projects or other major items? Again, communication is the key to ensuring that your child’s needs are being met. Be clear about what you expect, and be reasonable, too. Though a science project can be a bonding experience for a noncustodial parent, it can also be an unfair expectation, based on the limited time they have with the child.

Contact the Law Offices of Horstine, Pelloni & Hornstine, LLC

At Horstine, Pelloni & HornstineLLC, we have decades of experience protecting the rights of men and women in Pennsylvania and New Jersey. We take an aggressive approach, using our knowledge, skill, experience and resources to help you get the outcome you want. We offer a free initial consultation in every case. For a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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Modifying Visitation During the Summer

By on July 26, 2011 in Custody & Visitation

Please note that this is not legal advice.  See our disclaimer.

If your divorce is final, and you have minor children, you (and your children) may want to modify custody and visitation arrangements during the summer, whether you live close to each other or not. If you live some distance away, you may want to bring your children to visit you for a block of time, from a week to a month. Changes can be made in visitation schedules, but the process can be time-consuming. The summer may be over before you get a ruling.  Here are some things you can do to facilitate the process:

  • Contact your ex-spouse early—To amend an order, you will have to file a motion, unless you can get the other parent to consent to the changes, in which case you can enter a stipulation. Even then, the order amending your divorce decree must be signed by the judge and entered into the record.  Start talking to your ex-spouse about next summer now, so that you can put the process in motion and have legal protection to change visitation next summer.
  • Get your changes in writing—If you don’t have a summer vacation schedule as part of your divorce order, you may want to put one in place. You can do this by verbal agreement, but you will have to trust that your ex-spouse will honor this agreement. It is always to your benefit to get any changes to visitation in writing, and to have them entered as a modification to your divorce order by the court.
  • Always focus on what is in the best interests of your children—The court will apply this standard, so you should as well. Consider whether your child is old enough to spend a significant amount of consecutive time without the custodial parent. It may be easier for you to bring them out for a month, as you have to make fewer trips, but it may be harder on your children.
  • Take a cooperative approach—Whenever feasible, offer to meet your ex-spouse halfway. You will meet with less resistance.

Contact the Law Offices of Hornstine, Pelloni & Hornstine, LLC

At Hornstine, Pelloni & Hornstine, LLC, we have decades of experience protecting the rights of people in Pennsylvania and New Jersey, including parents who want to modify child visitation schedules during the summer. We provide a free initial consultation in all family law matters. To set up a private meeting, contact our office online or call us at 215-568-4968 (in New Jersey at 609-523-2222).

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