SAFE in Hunterdon - Legal suggestions on dealing with domestic violence situations

SAFE in Hunterdon
Serving Women, Men and Families in Crisis

Call 24 Hours a Day
908-788-4044
1-888-988-4033

SAFE in Hunterdon is a not-for profit
agency serving victims of domestic
violence and sexual assault in
Hunterdon County, New Jersey.

MISSION STATEMENT
In an atmosphere of professionalism and
excellence, our mission is to:

Reduce the prevalence of intimate
violence in society.

Provide safety through free and
confidential services for victims and
survivors of domestic abuse and sexual
assault including all ages, genders,
cultures, religions and sexual
orientations.

Empower victims, survivors and their
families to live enriched lives free from
violence.

Heighten our community's awareness of
domestic violence and sexual assault
through risk reduction education.

The only way SAFE in
Hunterdon can continue to
provide free services such as
emergency shelter,
counseling and legal
advocacy is with your help.

Legal Advocacy

Legal Representation Options for Victims of Domestic
Violence in Hunterdon County, New Jersey

Every person has the right to represent themselves in court. This
is called appearing Pro Se. Final Restraining Order hearings are
designed to be done by people representing themselves (called
Pro Se litigants) and many people do not use attorneys.
However, the court system can be confusing and, although you
are never required to have an attorney in court, it is always a
strong option to get an attorney if you can. This may be especially
true if you are also going to be seeking a divorce or if there are
unresolved child custody issues or if your abuser gets an attorney
or if your safety concerns don't allow you to leave anything to
chance.

If you decide not to retain an attorney to represent you, but you
would still like to speak with an attorney before going to court for a
Final Restraining Order hearing, then you can call SAFE in
Hunterdon's Legal Advocate, Mark F. Donlon, Esq., at 47 East
Main Street, Flemington, New Jersey 08822 at (908) 788-7666 for
a free telephone or in-person consultation appointment.

If you decide that you want an attorney to represent you (but have
not had time to retain one), or if you appear at court for a Final
Restraining Order hearing and then decide that you want an
attorney, you can ask the judge for a one week adjournment for
the purpose of finding an attorney. One such request for an
adjournment to retain an attorney will generally be granted by the
court.

While you have the right to represent yourself in court, you should
not expect special treatment, help or assistance from the court or
it's staff. The following is a list of things that the court staff can
and cannot do for you:

The court staff can:

Explain and answer questions about how the court
works.
Tell you what the requirements are to have your case
considered by the court.
Give you some information from your case file.
Provide you with samples of court forms that are
available.
Provide you with guidance on how to fill out forms.
Usually answer questions about court deadlines.
Give you the number for the Hunterdon County Lawyer
Referral Service.

The court staff cannot:

Give you legal advice. Only a lawyer can give you legal
advice).
Tell you whether or not you should bring your case to
court.
Give you an opinion about what will happen if you bring
your case to court.
Recommend a lawyer.
Talk to the judge for you about what will happen in your
case.
Let you talk to the judge outside of court.
Change an order issued by a judge.

Legal Aid

If you cannot afford an attorney, you may contact Hunterdon
County Legal Services at (908) 782-7979 or 82 Park Avenue,
Flemington, NJ 08822 to see if you qualify for free legal
representation. When you contact H.C.L.S. they will conduct an
initial financial screening interview to see if your income and
assets qualify you for a free attorney. If you qualify financially and
you have a domestic violence issue H.C.L.S. will refer you to
SAFE in Hunterdon's Legal Advocate for pro bono
representation.

Legal Services of New Jersey also had a Domestic Violence
Representation Project providing direct legal representation,
technical assistance and legal consultation to victims of
domestic violence through a free statewide legal hotline at 1-(888)
-576-5529 or 1-(888)-LSNJ-LAW.

Private Attorneys

If you do not qualify for free legal services and need help in
locating an attorney, you can contact the Hunterdon County Bar
Association Lawyer Referral Service at (908)-735-2611.

SAFE in Hunterdon's Legal Advocate keeps an informal listing of
experienced private family law attorneys that we have been
informed are sensitive to issues of domestic violence and work to
empower their clients. Please call the Outreach Office at (908)
788-7666 and ask for the Legal Advocate if you are interested in
being given referrals for them.

Many private attorneys will ask for a "retainer" in advance before
they will take your case. A retainer is money paid in advance to
an attorney for services to be performed in a specific case.
However, if you don't have access to money to pay the retainer,
but your abuser has financial resources, it is possible for your
attorney to ask the judge to order your abuser to pay for your legal
fees. Not every attorney is willing to do this, but it is an option
worth exploring. If possible, be sure to bring proof of your
abuser's financial resources to your initial meeting with an
attorney if you plan to request that they seek their legal fees from
your abuser.

Legal Clinics

The Northwest New Jersey Regional Women's Center Law Clinic
of Centenary College, 400 Jefferson Street, Hackettstown, N.J.
07840 at (908) 852-9365 provides a legal clinic and a mediation
clinic in Clinton, N.J. and other locations. The clinics are staffed
by 13 volunteer attorneys who provide confidential legal advice or
mediation by appointment only on topics including separation,
divorce, custody and equitable distribution. A registration fee of
$20 is requested per visit and each client is limited to two
appointments per year.

Other Legal Resources

The New Jersey State Bar Foundation offers free law-related
seminar's for the public on a variety of topics including domestic
violence and divorce. Call 1-(800)-Free Law for more information.

The National Organization for Women provides legal information
regarding employment rights for victims of domestic violence.
Contact them at Employment Rights for Survivors of Abuse, c/o
NOW Legal Defense Fund, 395 Hudson Street, New York, New
York 10014; (212) 925-6635or e-mail: ersa@nowldef.org.

For free or low-cost legal assistance with immigration law issues
you can contact the American Friends Service Committee
Immigrant Rights Program, 972 Broad Street, 6th floor, Newark,
New Jersey 07102 at (973) 643-1924.

The New Jersey Administrative Office of the Courts maintains a
"New jersey Judiciary" website with general information at
http://www.state.nj.us/judiciary

At your first meeting or consultation with an attorney you will
explain your problem. The more information you can give to your
attorney at your first meeting about a possible restraining order
(or other family law case), the better the attorney will be able to
help you. Tell the attorney all of the facts and do not leave out
information because it is embarrassing or because you think it
will hurt your case. Without all of the facts, an attorney cannot give
you good advice about your options on how to proceed.

Be sure to make a list of any witnesses who may have seen or
heard the domestic violence. If the police were called be sure to
tell your attorney the responding officer's names, badge numbers
and police department. Also, be sure to bring any medical
reports or photographs of your injuries, if they are available.

If decisions will have to be made about money, property and child
custody, then the better prepared you are to discuss these
matters, the less time, expense and unnecessary complications
there will be. The following checklist will help you compile the
facts your attorney will need if there are financial support, property
or child custody questions at issue (not every item may be
applicable to your situation):

A copy of your marriage certificate.
Children's and spouse's names and dates of birth.
Copies of any written agreements between you and the
defendant that deal with finances, such as a prenuptial
agreement.
Copies of the deed or lease to your home and to any
other real estate you or the defendant may own or lease.
A list of valuable personal property, such as cars, jewelry,
appliances, cameras and electronic equipment and
whether they are owned individually or jointly.
A list of bank accounts, stocks, bonds or other
investments that you and the defendant have and whether
they are held singly or jointly.
A list of debts, including mortgages, personal loans,
credit cards and charge accounts.
A list of monthly expenses and copies of paid bills for
one month.
Stubs from recent paychecks for each working party.
Copies of Federal and State income tax returns for you
and the defendant for the past three years.
If you own a business, copies of the tax returns for the
business for the past three years.
Copies of medical insurance and life insurance policies
for both you and the defendant.
Copies of pension plans and Social Security earnings
statements.
If either you or the defendant has been married before, a
copy of the divorce papers.
The name of the defendant's attorney, if applicable.

If your abuser damaged your property during a domestic violence
incident you may ask the court to order the abuser to pay for the
property, so you will want to give your attorney any receipts you get
for property's repair or replacement.

When you are interviewing a private attorney be sure to:

Ask for background and references (don't just go by
someone's recommendation).
Ask what portion of the practice is family law.
Does the attorney have trial experience?
How long has the attorney been practicing law?
How much is the retainer fee and is any unused portion
refundable?
What is the attorney's hourly rate?
Will you be receiving copies of all transactions and an
itemized bill?
If the bill reflects work labeled "research", ask for an
explanation of services.
Can the attorney be reached in an emergency or on
weekends?
What are you entitled to, according to the law?
Don't sign waivers.
don't use an attorney the defendant has used in the past.

If you think that your attorney is not doing a good job, you have the
right to let him/her know. If a conversation with the attorney is not
enough to solve the problem, a strong option is to write a letter to
the attorney explaining how you feel. If you are still unhappy, you
can fire your attorney, with or without a reason and if you have
given the attorney a retainer then the attorney should return any
unused portion to you.

Unethical Behavior

Attorneys in New Jersey must follow the Rules of Professional
Conduct, which set out what attorneys can and can not do
ethically and are published in the New Jersey Court Rules. If you
believe that an attorney has behaved unethically in representing
you or an adversary you may file an ethics grievance with Julie
Marino, Esq. of the Supreme Court of New Jersey District XIII
Ethics Committee at 250 Route 28, Suite 203, Bridgewater, New
Jersey 08807-2560 or by calling her at (908) 218-9779. The
district ethics committee reviews all grievances and if it believes
an attorney has acted unethically, it will file a formal complaint
and hold a hearing, with resulting possible sanctions ranging
from a reprimand or suspension to complete debarment.

Legal Fees

If you believe that an attorney has engaged in unethical billing
practices while providing you representation then you may file to
dispute the fee with Kevin M. Hahn of the Supreme Court of New
Jersey District XIII Fee Arbitration Committee at 1001 Route 517,
Hackettstown, New Jersey 07840 or by calling him at (908) 852-
2600.

Final Restraining Order hearings are held on Thursday mornings
at the new Hunterdon County Courthouse at 65 Park Avenue in
Flemington. The entrance to the courthouse is at the corner of
Park Avenue and Capner Street. There is free parking available
on the street around the courthouse or in the Judicial Complex
parking lot, which is across the street from the courthouse and
may be accessed from either Park Avenue or Capner Street. The
telephone number for the Family Division in the courthouse is
(908) 237-5920.

Plaintiffs are instructed to arrive at the courthouse at 8:30 am.
When you enter the courthouse you will see metal detectors and
sheriff's officers. After you pass through the metal detectors the
elevators you can take up to Courtroom 3 are directly ahead of
you. Plaintiffs are directed to go upstairs to wait on the benches
in the hallway outside Courtroom 3. Defendants are kept waiting
on the first floor on benches outside of the metal detectors and
are only brought upstairs after all the plaintiffs are safely seated
in the courtroom. Hunterdon County Sheriff Officers patrol the hall
outside the courtroom, stand between plaintiffs and defendants
while the parties are seated in the courtroom and will escort
plaintiffs out of the courtroom to their vehicles for safety (if
Needed) after their hearing.

While the plaintiffs are waiting from 8:30 am until approximately 9:
15 am they are individually interviewed by a court clerk from the
Family Division regarding their intentions. During this time the
SiH Legal Advocate intervenes individually with every plaintiff to
provide information and support. At about 9:15 am the plaintiffs
are brought into the courtroom and are seated on the benches on
the left side. After all the plaintiffs are safely seated in the
courtroom then the defendants are brought upstairs and seated
on the benches on the right side. Hearings begin at 9:30 am.
Generally, the dismissals and procedural matters are handled
first, followed by the contested hearings.

Do I Need an Attorney?

Can the Court Staff Help Me If I Don't Have an Attorney?

How Do I Find An Attorney?

What Do I Take to My Attorney?

What Do I Ask an Attorney?

What If I Have Problems With An Attorney?

Final Restraining Order Hearings in Hunterdon County

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Do I Need an Attorney?

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Can the Court Staff Help Me If I Don't Have an Attorney?

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