Domestic Violence And Living Together After Divorce Is Filed
- May 26, 2013
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Domestic violence can sometimes occur at the end of a marriage when parties continue to share a residence while tensions are very high over custody of the children and division of property. In one such matter, while a 25 year marriage of which 2 children were born was ending in divorce, the parties continued to reside together in martial residence. The parties maintained separate bedrooms but this did not provide adequate distance to prevent frequent interaction and the continuation of tension between them. At some point an altercation occurred and both parties were granted temporary restraining orders (TROs) against the other party. Each party then sought a final restraining order (FRO) against the other. Each party entered into the bedroom of the other during the event and both parties sustained physical injuries. Both parties also and provided ample testimony, including the testimony of the parties’ son, in regard to the events and issues. Although the just found Plaintiff’s testimony not to be credible, neither party was granted a FRO. The judge found that, in spite of the testimony and proof of injuries, there was no proof of harassment or assault of the level needed to give rise to protection afforded by a FRO. A final restraining order can impact your ability to see your children, prevent you from returning to your residence, deprive you of your right to own weapons, impact your job or ability to obtain employment and holds a social stigma. If you are facing or levying domestic violence charges, you should consult with an experienced domestic violence attorney. For more information regarding domestic violence, assault, divorce or dissolution, custody, parenting time and visitation, adoption or other criminal or family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.