Legal Question in Family Law in New Jersey

dhildren being used against husband

The husband has already gone to court and is paying child support and alimony. His visitation is every other weekend and every Wed. He was told he could call the children up to 4 days each week. The wife does not let the children call the husband or let the husband's calls go through to the children. Now she has placed a false restraining order gainst him so he is unable to see his daughter on her B-day. When he went to court before the date issued to see if he could resolve the issue, the judge said that he would have to wait for the date assigned and speak to the original judge on the case. This is not the first time that this has happened. How can he stop her from filing false restraining orders? What do men do when they can not afford an attorney and are being taken advantage of? The children are also not being treated well by the wife, physically and mentally. Is it always her word against his? How can this be stopped?


Asked on 10/07/03, 3:28 pm

1 Answer from Attorneys
Bruce Matez Gerstein Grayson, LLP

Re: dhildren being used against husband

The Husband should hire an attorney to represent him in the Domestic Violence matter. There are serious and significant consequences at stake. If a Final Restraining Order is entered, it is permanent. He needs representation. THere is no way to stop someone from filing a Domestic Violence Complaint and seeking a Temporary Restraining Order. If the children are being abused and/or neglected, he should contact DYFS immediately. I must reiterate that the Court has a great deal of discretion in providing relief to a victim in a Domestic Violence case. A Final Restraining Order can also effect one's parenting time and custodial rights. The Husband must consult with an attorney immediately. If he would like to have a consultation with me, I charge $300.00 for a consult, my associate charges $250.00. He may schedule same by calling Debbie at 856-795-6700.

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Answered on 10/09/03, 3:48 pm


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