DOMESTIC VIOLENCE AND RESTRAINING ORDERS

A Restraining Order is a formal Court Order which is issued by a judge and it prevents you from returning to your home and it may also, in certain cases, prevent you from seeing your children. A Restraining Order is first issued as “Temporary Restraining Order” and usually, the Temporary Restraining Order provides a date in the future when you are to appear in Court to contest the issuance of a “Final Restraining Order.” Many fathers, thinking they do not need a lawyer to represent them at the final hearing, often represent themselves, only to find after that they should have hired a “Fathers’ Rights Lawyer” to represent them. If a Final Restraining Order is issued against you, the Judge can, in addition to throwing you out of your home, order you to take a 26 week course called “Alternatives to Domestic Violence,” and order you to start paying temporary Alimony and Child Support. Additionally, a Final restraining order can put you in a severe disadvantage in your divorce case.

In many cases, however, Mr. Berkley can represent you at your “Final Hearing” and get the Temporary Restraining Order dismissed, so that no Final Restraining Order goes into effect.

Many years ago, New Jersey and other states adopted domestic violence laws to prevent women from being battered. Unfortunately, many women today use the domestic violence laws, not as a shield to protect them, but as a sword, to gain an advantage in a divorce action. The law even allows a restraining order to be issued based upon verbal abuse, if the judge believes it; it rises to the level of harassment. Therefore, it is very important to go to trial against the issuance of the order. In many cases, the Court will dismiss the case if they find it was issued on false grounds or merely involves “marital discord” which is the typical yelling and screaming that goes on when a couple is nearing a divorce.

GET THE BENEFIT OF EXPERIENCE ON YOUR SIDE

For over 20 years, attorney Michael Berkley has aggressively represented fathers who face all kinds of marital disputes, and Mr. Berkley has effectively and timely resolved their cases.  He will take the time to advise you on your rights and obligations. An effective negotiator and trial attorney, Mr. Berkley will explore all methods of resolving your case to avert costly and time-consuming litigation. Should negotiation prove unsuccessful, however, Mr. Berkley is ready with an “iron legal fist” to protect your best interests in court.

FIND OUT WHAT WE CAN DO FOR YOU

Call (201) 525-1666 to schedule a free initial consultation with an experienced father’s rights lawyer. Our phone is answered 24 hours a day, 7 days a week. For your convenience, evening and weekend appointments are available. 

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Law Offices of Michael P. Berkley Esq., P.C.

New Jersey Office:
55 State St.
Hackensack, NJ 07601
Tel: (201) 525-1666
Fax: (201) 525-1669

New York Office:
585 Stewart Ave., Ste. 700
Garden City, NY 11530
Tel: (516) 227-2121
Fax: (516) 227-1250