Frequently Asked Questions


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 good idea to get an attorney if you can.  This may be especially true if:

  •   you are also going to be seeking a divorce
  •   there are unresolved child custody issues or if your abuser gets an attorney
  •   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. This type of request will generally be granted by the court.



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 know
to be 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 getting referrals for them.

Many private attorneys will ask for a "retainer" 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, try to
bring proof of your abuser's financial resources to your initial meeting with an attorney if you plan to request that he or
she seek legal fees from your abuser.

Legal Clinics
The Northwest New Jersey Regional Women's Center Law Clinic of Centenary College, 400 Jefferson Street,
Hackettstown, NJ 07840 at (908) 852-9365 provides a legal clinic and a mediation clinic in Clinton, NJ 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 seminars 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



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

The court staff can

  •   explain how the court works and answer questions any related questions
  •   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



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.  



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



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, it’s a good idea 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,
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 cannot 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, NJ 08807-2560, or by calling 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 disbarment.

Legal Fees

If you believe that an attorney has engaged in unethical billing practices while providing you representation, 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, NJ 07840, or by calling (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, take the elevator directly ahead of you
upstairs to Courtroom 3. 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 hearings.

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, 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.
The information on this page is designed to help you make informed decisions when it comes to taking legal action. It should
be used as part of an information-gathering that you can use to make the right decisions for YOU.

Please feel free to call or email us with questions at any time. To reach our legal advocacy department directly, you may email
agency@safeinhunterdon.org or call our outreach office at (908) 788-7666.
SAFE in Hunterdon  •  47 E. Main Street  •  Flemington, NJ 08822  •  Outreach office: 908-788-7666  •  24-hour hotline: 888-988-4033

Home        Client Services        Get Involved        Donate        Español        Contact Us        Privacy Policy
These links can provide further
information on your rights, the legal
system, the court system and
staying safe.
Serving victims and survivors of domestic and sexual abuse for over 30 years