1. A Simple Guide to Restraining Orders in NJ

    In New Jersey, getting a restraining order is a powerful remedy that is available to someone who is being subjected to domestic violence.

    This legal process is designed to protect victims and prevent further harm.

    Let's break down the basics, including who qualifies, the specific reasons for seeking a restraining order, and the steps involved in obtaining one in Monmouth County.

    To qualify for a restraining order in Monmouth County, NJ, a few key points must be considered:

    1. Relationship Status:

      • The victim and the person causing harm must have a specific relationship, like being spouses, former spouses, dating partners, or sharing a child.

      • Additional relationships that are protected under New Jersey's Prevention of Domestic Violence Act includes household members and siblings.
    2. Acts of Violence:

      • Abuse can take various forms, such as physical, emotional, sexual, or economic.

    New Jersey recognizes many bases for seeking a restraining order, including:

    1. Assault:

      • Any intentional act causing bodily harm or fear of harm.
    2. Harassment:

      • Repeated unwanted communication or actions meant to alarm or annoy.
    3. Sexual Assault:

      • Any non-consensual sexual contact or penetration.
    4. Stalking:

      • Repeated and intentional conduct causing fear for safety.
    5. Criminal Mischief:

      • Damage to property with intent to harm or control.
    6. False Imprisonment:

      • Unlawfully restraining someone against their will.
    7. Terroristic Threats:

      • Threatening violence with the intent to terrify.

    The process of obtaining a restraining order involves a few simple steps:

    1. Contact Law Enforcement:

      • In emergencies, call the local police for immediate help.
    2. Temporary Restraining Order (TRO):

      • File a complaint at the Superior Court in Freehold to get a temporary restraining order during business hours and at your local township police department during non-business hours. Restraining orders are available to you 24/7 if needed.
    3. Final Restraining Order (FRO) Hearing:

      • Within 10 days, a hearing is scheduled to decide if a final restraining order is needed.
    4. Legal Representation:

      • You can choose to have a lawyer during the hearing.
    5. Issuance of the Final Restraining Order:

      • If ongoing protection is necessary, a final restraining order is issued with specific rules.

    In New Jersey, restraining orders are a crucial tool for safeguarding individuals from domestic violence.

    Understanding who qualifies, the reasons for seeking a t.r.o., and the simple steps involved empowers victims to take legal action and create a safer environment.

    New Jersey's clear and comprehensive legal approach aims to protect and support those affected by domestic violence.

     

    IF THIS ARTICLE WAS HELPFUL, THEN CONTINUE YOUR DIVORCE EDUCATION

    undefined

    Learn how to protect yourself and make fair deals.

    I've written hundreds of articles on New Jersey-specific divorce topics.

    Need money during the divorce case? Dealing with a narcissistic spouse? Wondering about moving out and its impact on child custody? Protecting kids from a spouse's substance abuse?

    Enroll in my free NJ Divorce Edge 2023 course for access to hundreds of similar articles.

    Sign up now and immediately receive "Steve Kaplan's Guide To Divorce In New Jersey." It's helped many make better decisions for favorable settlements.

    You'll then receive another powerful brief article each day for the next 30 days.

    To unleash the power of my NJ DIVORCE EDGE 2023 course for yourself, click the link below.

    CLICK HERE To Learn About My Free NJ DIVORCE EDGE 2023 Course!

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  2. 5 Things You Should Know About Adultery In New Jersey

    As a New Jersey Divorce Attorney, I get many questions from potential clients about adultery.

    Read More

    Topics: Alimony, Divorce Court

  3. 3 Ways To Protect Yourself In Divorce From A Narcissist

    In my articles on how to divorce a narcissist here in NJ, I identify 10 things that you should consider doing.

    This article outlines the top 3.

    What you should NEVER do if you are getting a divorce from a narcissist is say something to the judge like "my spouse is a narcissist!"

    This rarely works and often backfires.

    Read More
  4. Removing Your Child From NJ Permanently

    What happens if your ex wants to move your child to another state and you do not consent?

    Read More

    Topics: Child Custody

  5. Steve Kaplan’s Step-By-Step Guide To Divorce In New Jersey

    A very nice woman (let's call her "Susan"), who was frightened out of her mind, hired me recently.

    She had just been informed an hour earlier that her husband hired a divorce lawyer, filed for divorce, and that her divorce case was scheduled for TRIAL in 2 days!

    The email from the husband's lawyer gave her the address of the Courthouse, but told her that she "...really didn't need to appear in Court."

    Read More

    Topics: Divorce, Divorce Court

  6. Marlboro, New Jersey Divorce Lawyer Steven J. Kaplan, Esq.

    We do divorce very differently here.

    But People want to know about my formal background

    So I'll give you my formal background first.

    Then I'll share with you what really makes me different.

     

    MY FORMAL BACKGROUND

    I graduated Rutgers College in 1980 with a degree in Economics, a minor in English, and a concentration in Computer Science.

    All of this has been extremely useful to me as a divorce lawyer.

    The Economics study helps me when we negotiate the financial parts of my cases.

    The English training helps me argue persuasively, both in writing and orally to the Court.

    And the computer training helped me become one of the more computer-literate divorce lawyers in Monmouth County.

    I believe that all of these skills are critical to being an effective divorce lawyer.

    I graduated from Brooklyn Law School in1983. 

    During law school I was certified as a Mediator. This was in 1982--way before divorce mediation became popular. I was mediating cases from the beginning.

    I practiced law in my own general practice in Manhattan until 1986 when I returned to New Jersey. I found an opportunity to learn how to become a great divorce lawyer by working in divorce court as NJ Superior Court Judge Ronald B. Graves'  law clerk.

    In 1987 at the end of my clerkship with Judge Graves, I began practicing exclusively divorce law. This is what I have done ever since.

    I was hired by one of the larger Monmouth County law firms.

    I worked my way up over the next 9 years, from the newest associate attorney in the divorce department ultimately to the Co-Chairman of the firm's Divorce department.

    After 10 years with this firm, in 1997 I started my own divorce law practice which is in Colts Neck right by "Delicious Orchards."

    I was named a divorce "SuperLawyer" by NJ Monthly Magazine for 5 consecutive years, was on Monmouth County's Divorce "Early Settlement Panel" for over 20 years, and was Chairman of the Early Settlement Panel for 3 years.

    I also spent decades as a member of the Monmouth County Bar Association's Family Law Committee, beginning in 1987.

    Because of my technical knowledge, several years ago I gave a Continuing Legal Education seminar on "Computers in the Law Office" to the Family Law Committee.

    I have lived in Monmouth County since 1987 and enjoy some of the great things that Monmouth County has to offer, including boating, the beach, our dogs and visits to the barn to watch my daughter and my wife ride horses.

    Also, I received my Eagle Scout award at age 16 in 1973. Working toward the Eagle rank was one of the most significant things that I have ever done. It was all about integrity, hard work, and helping other people. Good stuff.

    I paid for both college and law school by playing guitar with a band.

     

    BUT NONE OF THAT MADE ME AN EFFECTIVE DIVORCE LAWYER.

    THIS DID:

    Most of what I know about divorce I learned after I graduated from law school.

    My two most influential "teachers" of divorce law were a young boy and a wise Judge.

    Let me explain...

     

    IT WAS AUGUST OF 1986...

    He was only 2-1/2 years old...

    He looked confused that warm summer night when I first met him and his 6 year old sister.

    My then-girlfriend and I were sitting in the family room of her house, the house that she had received in her divorce.

    She told me about her parents' nasty divorce that happened when she was 15 years old.

    I remember how pained she looked while telling me. The pain from half-her-lifetime-ago seemed so real and so present.

    She herself had been divorced for a year and a half.

    We had known each other for about 2 months, and I was about to meet her kids for the first time.

    Her ex-husband, a builder, pulled into the driveway of the house that HE had built with his own two hands. 

    How weird I felt dating a divorced woman my age, who had two children with another man, sitting in the house that HE had built, next to HIS ex-wife, and with HIS kids about to enter the house, while he sat outside in his car.

     

    THE LITTLE BOY'S BLANK LOOK

    The little  boy and his sister got out of their father's car, walked up the sidewalk, and through the front door of the house and into the foyer.

    As I was introduced to the children, the little boy just looked up at the ceiling, then at the wallpaper to his right, and then at the stairs to the left, as if he was seeing this place--his home since birth-- for the first time.

    He did not look at his mother, nor did he look at me.

    He was experiencing a culture shock, going from Mom's home with one set of how-things-were-done to Dad's home with a different way of doing things, and then back again to Mom's.

    All within 48 hours.  

    The look on his face was just confusion, as if to say 'who am I, what exactly happened, and how do I fit in to all of this?'

    My heart broke for him, but I didn't know how to comfort him.

    Welcome, Steve Kaplan, to the real world of divorce.

    Painful stuff.

     

    ONE MONTH LATER (SEPTEMBER 1986)...

    I began my judicial clerkship with Judge Ronald B. Graves in the NJ Family Court.

    Shortly after beginning my clerkship, the judge and I were having a discussion.

    I said to him, "You know, Judge, this year is sort of like high school biology for me."

    "What do you mean?" His Honor asked me.

    I said, "Well, in high school biology, we had lectures on certain days, and lab on other days.

    In the lectures, we learned the theory of biology, but it was in the lab that we really learned what biology was all about in the real world, in life.

    The judge responded by saying, "And how does that relate to your role as my law clerk?"

    "Well," I continued, "I am dating a divorced woman with two kids who comes from a divorced home herself.

    When I work with Your Honor during the week, I am learning theory, just liked I did in high school biology lectures.

    But when I go to my girlfriend's house on the weekend, and I see how a divorced mother and father interact with each other, how the children behave, and how that split family functions, that's like the biology lab... that's the real world.

     

    DIVORCE THEORY vs. DIVORCE IN THE REAL WORLD

    It was true.

    Those 2 overlapping experiences from 36 years ago were crucial in helping me understand the differences between the theory of divorce law, and what actually tends to happen in the real world.

    Through my interactions with my then-girlfriend (now my wife of 32 years) and her kids (my stepson went from 2-1/2 to age 39 in the blink-of-an-eye, & my step-daughter is now 42), I learned about the challenges that divorce creates.

    Naturally, not only was the divorce traumatic for my girlfriend's two young children, but my girlfriend herself had some of the normal fears that so many divorced parents have, like:

    • Was the father's house safe enough?
    • Did the father drive the children after drinking alcohol?
    • Was the father teaching the children the same values that she was trying to instill?
    • Were the children being watched carefully at the beach?

     

    HOW MY BACKGROUND HELPS ME TO HELP MY CLIENTS

    You CAN make it through your divorce and on to a happier life.

    But I'll tell you that for me, "living divorce" both professionally and personally for the last 35 years has taught me something that a lot of people don't know: the process of getting a divorce in the real world is "broken."

    The system is imperfect. 

    Judges aren't always fully trained. 

    And even those judges who are well-trained aren't always right.

    There are some divorce lawyers who are also not well-trained, and a few who are less-than-ethical.

    When one party disobeys a court order, the other party can sometimes have a hard time enforcing it through the courts.

    My point is that knowing how divorce is supposed to work versus how divorce actually works in the real world lets me use my extensive professional and personal experiences with divorce for the benefit of my clients.

    I can help you, too.

     

    HERE'S HOW I CAN HELP YOU BEGINNING RIGHT NOW

    My labor ofundefined love is my NJ Divorce Edge educational program. 

    In my spare time (lol!) I write about divorce topics in an effort to help educate people who are considering getting a divorce.

    My course is constantly being updated.

    What???? You haven't checked it out yet? Come on...take a look...it's free and it's really going to help you.

    You don't even need to use your full name. All I need is your first name (so that I can personalize my letters to you) and your email address.

    You'll immediately receive my article called "Introduction To The NJ Divorce Process."

    It's a powerful short 10 minute read that will  help you the minute you start reading it.

    CLICK HERE to learn about my free NJ DIVORCE EDGE 2023  course.

    Then sign up. If you don't love it, it's easy to unsubscribe.

    But you won't want to.

    Until next time,

    Steve
    Steven J. Kaplan, Esq.

    Specializing In Divorce
    Throughout New Jersey

    5 Professional Circle
    Colts Neck, NJ. 07722

    www.KaplanDivorce.com
    (732) 845-9010

    CLICK HERE To Learn About My Free NJ DIVORCE EDGE 2023 Course!

    Read More
  7. Steve Kaplan’s Step-By-Step Guide To Divorce In New Jersey

    A very nice woman ("Susan"), frightened out of her mind, hired me recently.

    She told me how she had been informed by an email from her husband's lawyer an hour earlier that her divorce case was scheduled for TRIAL in 2 days, gave her the address of the courthouse, but told her that she really didn't need to appear in Court.

    Read More

    Topics: Divorce, Divorce Court

  8. NJ Divorce Court Motions

    Read More

    Topics: Divorce, Divorce Court

  9. Helpful NJ Divorce Info In A Way That No One Else Offers

    undefinedEvery day for the past 36 years I've helped my clients throughout the United States protect their rights in their New Jersey divorce courtrooms.

    You are miles away from New Jersey, but that won't hinder my committed representation of you and your interests.

    undefined

    The first step is for you to learn a little...to get those questions that are keeping you awake at night... answered...accurately and in a way that is easy for you to understand.

    This will put your mind at ease.

    I'm going to share with you a way to do that right now.

    To help you with this first step, I offer you 88 resources HERE. At no cost.

    I created each of these resources to help people who are divorcing in New Jersey make better decisions.

    Better decisions lead to better results.

    You owe it to yourself to check these resources out, even if just for a minute or two. They will really help you. 

    Then, if you want to keep learning, you can sign up, also at no cost, for my NJ DIVORCE EDGE 2023 email course. This course will teach you a small amount each day...2 minutes a day... for the next 30 days (you can cancel easily but few people do.)

    Now you're going to be really empowered to deal with these issues that at one time seemed so monumental to you.

    You will feel better with these informative and supportive emails. This, too, will help you to begin to get through this difficult period with sanity and a strategy that will make sense to you.

    Finally, when are ready to get serious about dealing with that nagging divorce case back in New Jersey, you have the option to call my personal assistant, Valerie, at (732) 845-9010 to book your confidential consultation with me.

    During our customized NJ divorce "strategy session", I'll explain how what you've learned through reading my material applies to the particular circumstances of your case.

    I'll give you a road map to settlement.

    I'll tell you what a good deal and what a bad deal both look like for you so that you can steer toward a good deal.

    Then, if you would like and when you are ready, we can move forward together as a team to resolve this matter in a fair and equitable way.

    My amazing, highly experienced team of knowledgeable & friendly paralegals (consisting of Valerie, Eileen, & Andria) and I are going to help you get through this.

    You're going to be okay.

    Take a look at the resources above now. You'll be on your way to feeling much better.

    Until next time,

    Steve
    Steven J. Kaplan, Esq.

    5 Professional Circle
    Colts Neck, NJ. 07722
    www.KaplanDivorce.com

    (732) 845-9010

    CLICK HERE To Learn About My Free NJ DIVORCE EDGE 2023 Course!

    Read More
  10. Colts Neck Divorce Lawyer Steven J. Kaplan, Esq.

    MY FORMAL BACKGROUND

    I graduated Rutgers College in 1980 with a degree in Economics, a minor in English, and a concentration in Computer Science.

    All of this has been extremely useful to me as a divorce lawyer.

    The Economics study helps me when we negotiate the financial parts of my cases.

    The English training helps me argue persuasively, both in writing and orally to the Court.

    And the computer training helped me become one of the more computer-literate divorce lawyers in Monmouth County.

    I believe that all of these skills are critical to being an effective divorce lawyer.

    I graduated from Brooklyn Law School in1983. 

    During law school I was certified as a Mediator. This was in 1982--way before divorce mediation became popular. I was mediating cases from the beginning.

    I practiced law in my own general practice in Manhattan until 1986 when I returned to New Jersey. I found an opportunity to learn how to become a great divorce lawyer by working in divorce court as NJ Superior Court Judge Ronald B. Graves'  law clerk.

    In 1987 at the end of my clerkship with Judge Graves, I began practicing exclusively divorce law. This is what I have done ever since.

    I was hired by one of the larger Monmouth County law firms.

    I worked my way up over the next 9 years, from the newest associate attorney in the divorce department ultimately to the Co-Chairman of the firm's Divorce department.

    After 10 years with this firm, in 1997 I started my own divorce law practice which is in Colts Neck right by "Delicious Orchards."

    I was named a divorce "SuperLawyer" by NJ Monthly Magazine for 5 consecutive years, was on Monmouth County's Divorce "Early Settlement Panel" for over 20 years, and was Chairman of the Early Settlement Panel for 3 years.

    I also spent decades as a member of the Monmouth County Bar Association's Family Law Committee, beginning in 1987.

    Because of my technical knowledge, several years ago I gave a Continuing Legal Education seminar on "Computers in the Law Office" to the Family Law Committee.

    I have lived in Monmouth County since 1987 and enjoy some of the great things that Monmouth County has to offer, including boating, the beach, our dogs and visits to the barn to watch my daughter and my wife ride horses.

    Also, I received my Eagle Scout award at age 16 in 1973. Working toward the Eagle rank was one of the most significant things that I have ever done. It was all about integrity, hard work, and helping other people. Good stuff.

    I paid for both college and law school by playing guitar with a band.

     

    BUT NONE OF THAT MADE ME AN EFFECTIVE DIVORCE LAWYER.

    THIS DID:

    Most of what I know about divorce I learned after I graduated from law school.

    My two most influential "teachers" of divorce law were a young boy and a wise Judge.

    Let me explain...

     

    IT WAS AUGUST OF 1986...

    He was only 2-1/2 years old...

    He looked confused that warm summer night when I first met him and his 6 year old sister.

    My then-girlfriend and I were sitting in the family room of her house, the house that she had received in her divorce.

    She told me about her parents' nasty divorce that happened when she was 15 years old.

    I remember how pained she looked while telling me. The pain from half-her-lifetime-ago seemed so real and so present.

    She herself had been divorced for a year and a half.

    We had known each other for about 2 months, and I was about to meet her kids for the first time.

    Her ex-husband, a builder, pulled into the driveway of the house that HE had built with his own two hands. 

    How weird I felt dating a divorced woman my age, who had two children with another man, sitting in the house that HE had built, next to HIS ex-wife, and with HIS kids about to enter the house, while he sat outside in his car.

     

    THE LITTLE BOY'S BLANK LOOK

    The little  boy and his sister got out of their father's car, walked up the sidewalk, and through the front door of the house and into the foyer.

    As I was introduced to the children, the little boy just looked up at the ceiling, then at the wallpaper to his right, and then at the stairs to the left, as if he was seeing this place--his home since birth-- for the first time.

    He did not look at his mother, nor did he look at me.

    He was experiencing a culture shock, going from Mom's home with one set of how-things-were-done to Dad's home with a different way of doing things, and then back again to Mom's.

    All within 48 hours.  

    The look on his face was just confusion, as if to say 'who am I, what exactly happened, and how do I fit in to all of this?'

    My heart broke for him, but I didn't know how to comfort him.

    Welcome, Steve Kaplan, to the real world of divorce.

    Painful stuff.

     

    ONE MONTH LATER (SEPTEMBER 1986)...

    I began my judicial clerkship with Judge Ronald B. Graves in the NJ Family Court.

    Shortly after beginning my clerkship, the judge and I were having a discussion.

    I said to him, "You know, Judge, this year is sort of like high school biology for me."

    "What do you mean?" His Honor asked me.

    I said, "Well, in high school biology, we had lectures on certain days, and lab on other days.

    In the lectures, we learned the theory of biology, but it was in the lab that we really learned what biology was all about in the real world, in life.

    The judge responded by saying, "And how does that relate to your role as my law clerk?"

    "Well," I continued, "I am dating a divorced woman with two kids who comes from a divorced home herself.

    When I work with Your Honor during the week, I am learning theory, just liked I did in high school biology lectures.

    But when I go to my girlfriend's house on the weekend, and I see how a divorced mother and father interact with each other, how the children behave, and how that split family functions, that's like the biology lab... that's the real world.

     

    DIVORCE THEORY vs. DIVORCE IN THE REAL WORLD

    It was true.

    Those 2 overlapping experiences from 36 years ago were crucial in helping me understand the differences between the theory of divorce law, and what actually tends to happen in the real world.

    Through my interactions with my then-girlfriend (now my wife of 32 years) and her kids (my stepson went from 2-1/2 to age 39 in the blink-of-an-eye, & my step-daughter is now 42), I learned about the challenges that divorce creates.

    Naturally, not only was the divorce traumatic for my girlfriend's two young children, but my girlfriend herself had some of the normal fears that so many divorced parents have, like:

    • Was the father's house safe enough?
    • Did the father drive the children after drinking alcohol?
    • Was the father teaching the children the same values that she was trying to instill?
    • Were the children being watched carefully at the beach?

     

    HOW MY BACKGROUND HELPS ME TO HELP MY CLIENTS

    You CAN make it through your divorce and on to a happier life.

    But I'll tell you that for me, "living divorce" both professionally and personally for the last 35 years has taught me something that a lot of people don't know: the process of getting a divorce in the real world is "broken."

    The system is imperfect. 

    Judges aren't always fully trained. 

    And even those judges who are well-trained aren't always right.

    There are some divorce lawyers who are also not well-trained, and a few who are less-than-ethical.

    When one party disobeys a court order, the other party can sometimes have a hard time enforcing it through the courts.

    My point is that knowing how divorce is supposed to work versus how divorce actually works in the real world lets me use my extensive professional and personal experiences with divorce for the benefit of my clients.

    I can help you, too.

     

    HERE'S HOW I CAN HELP YOU BEGINNING RIGHT NOW

    My labor ofundefined love is my NJ Divorce Edge educational program. 

    In my spare time (lol!) I write about divorce topics in an effort to help educate people who are considering getting a divorce.

    My course is constantly being updated.

    What???? You haven't checked it out yet? Come on...take a look...it's free and it's really going to help you.

    You don't even need to use your full name. All I need is your first name (so that I can personalize my letters to you) and your email address.

    You'll immediately receive my article called "Introduction To The NJ Divorce Process."

    It's a powerful short 10 minute read that will  help you the minute you start reading it.

    CLICK HERE to learn about my free NJ DIVORCE EDGE 2023  course.

    Then sign up. If you don't love it, it's easy to unsubscribe.

    But you won't want to.

    Until next time,

    Steve
    Steven J. Kaplan, Esq.

    Specializing In Divorce
    Throughout New Jersey

    5 Professional Circle
    Colts Neck, NJ. 07722

    www.KaplanDivorce.com
    (732) 845-9010

    CLICK HERE To Learn About My Free NJ DIVORCE EDGE 2023 Course!

    Read More