Domestic violence victims are entitled to an award of attorney’s fees

Posted on February 15, 2016 by Sandy Durst

The damage caused by acts of domestic violence can be significant and long lasting. Beyond the on obvious physical and emotional harm is financial harm.  Being forced to incur legal fees to protect yourself from abuse may seem unfair. New Jersey law agrees. 

In an effort to make the victim whole, the law allows the succesful victim to ask the court to have the abuser pay reasonable legal fees as compensatory damages. The ability of the parties to pay is not to be a consideration for the court. Only the reasonableness of the fees can be subject to scrutiny. If you are the victim, and you win at trial, be sure to request that fees be paid. 

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What is the Parent’s Education Program in NJ?

Posted on February 11, 2016 by Sandy Durst

If you are getting divorce in NJ and have children, you be will required to attend the Parent’s Education Program.  This program is administered by the court and is free for the litigants.  Attendance is required unless all issue of custody and parenting time have been resolved.  You and your spouse will be scehduled to attend on different dates and times.  If you have an attorney, be aware that counsel do not attend this program with their clients.

The purpose of the program is to educate parents as to the divorce process and to offer guidance on how to minimize the impact on the children.  Typically, you will hear from a family court judge and other individuals involved in the court system.

The program is not intended to address or resolve any custody and parenting time disputes.  There are separate court administered programs to help in this regard.

It is wishful thinking to believe a divorce will not impact your children. However, participation in the Parent’s Education Program and following the advice you receive can help minimize the disruption for your children.  

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A glimpse inside the court room

Posted on February 8, 2016 by Sandy Durst

For me, being in a courtroom is much like being on a playing field. There is the opposition. There are rules. Hours of practice lead up to a critical moment in the game. The goal is to win. 

Clients are often nervous upon entering a courtroom. This is understandable as they have a great deal at stake. I appreciate and respect the trust they place in me when the ask that I be their attorney. And truth be told, there are still times when I get nervous. 

One such time is when we wait for the judge to render their decison in a domestic violence trial. Sitting their as the decison is read is gut wrenching.  In a recent trial I allowed myself to relax a bit only after the judge started quoting portions of my closing argument in his decison!  

I get nervouse because I care about my clients. If your attorney tells you they never get nervouse, you may need to find a new attorney. One who cares. 

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My divorce is done. Can I move out of NJ with our child?

Posted on February 5, 2016 by Sandy Durst

Once a divorce is completed, many clients are ready to establish a new life and move on from the divorce process. One way people try to begin a new is to establish a new residence.  Sometimes they want this new home to be outside of New Jersey. If there are children involved, moving outside the borders of New Jersey is not as easy as they may want it to be if you are the parent of primary residence.
What does your settlement agreement of trial decision say about relocation?

If your divorce is finalized, the starting point to see if you can relocate outside of New Jersey is to review your settlement agreement or trial decision.  Are you the parent of primary residence?  If so, what is the parenting time for the other parent? Does the Agreement or trial decision grant permission to relocate.  The answers to these questions will greatly impact your ability to relocate.
Restrictions on the Parent of Primary Residence

New Jersey law recognizes the importance of both parents participating in the life of their child.  This is way their are restrictions on the ability of the parent designated the Parent of Primary Residence to move.  Sometimes the right to move is agreed to or permitted in the settlement agreement or court order.  If it is, then you may relocate. Otherwise, there are certain steps that must be taken.

If the out of state move has not been already endorsed, then you and the children cannot move without: (1) the consent of the other party, or (2) a court order permitting the move.  If you have the consent of the other parent, it is advisable to get their consent in writing.
What if the other parent will not consent?

If you can’t obtain the consent of the other parent you will need to file a post-judgment motion and address the factors setforth in the case of Baures v. Lewis.  One of those factors is the impact the move will have on the parenting time of the parent remaining in NJ.  The parent seeking to relocate must provide a plan to maintain, as reasonably as possible, the parenting time of the other parent.

The reasons for the move will also be scrutinized.  Is the move necessary to take advantage of a new and better job opportunity?   Does it bring the party closer to family? Is the move not contrary to the best interests of the child?
Resolving a relocation case can take time.  Therefore, it is adviseable to start the conversation with the other parent as soon as possible and begin court proceedings as early as deemed necessary.  The legal criteria can be confusing.  Working with an attoreny who is focused on family law can be a benfit in these situations.  

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Credibility is everything

Posted on February 3, 2016 by Sandy Durst

As part of my practice I handle domestic violence cases.  I have represented both sides: the alleged victim and the alleged abuser.  While I abhor domestic violence, everyone is entitled to their day in court and has a right to zealous representation and and fair process.

In many domestic violence situations there are no witness other than the parties.  There may not be physical evidence such as photographs, audio or visual recordings, medical records, or police reports.  When this is the case, it is a true “he said, she said” situation and the judge will rely heavily on the credibility determininations she or he may make about the litigants.

Credibility can be conveyed in many ways such  demeanor when in the courtroom, the manner in which questions are answered, and body langauge.  I work with my clients as we prepare for trial on these qualities.  Being truthful is the paramount goal.  Being convincing is a close second.  Recently, a client was successful in obtaining a final restraining order and obtaining more parenting time than was previously ordered or offered because the judge found them to be credible.

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