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The Law Offices of James A. Abate, LLC
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#CriminalDefense - Are There Any Types Of Convictions That Are Automatically Expunged?

There are some convictions which it’s not that they are automatically expunged but that they never go in, and that’s some of the diversionary programs New Jersey has pretrial intervention and also has conditional discharge.

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#CriminalDefense - What Is Expungement And How Is It Different From Pardon Or Sealment?

An expungement is the equivalent of taking an eraser to your criminal record and erasing your criminal arrest and conviction so that when someone does a background check on you, they do not see a criminal record.

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#CriminalDefense - #DomesticViolence - How Soon Could An Attorney Get Involved In A Domestic Violence Case?

The attorney could get involved as soon as the person got out of jail and went down to get processed. The first thing the attorney would do is contact the court and let them know the person was being represented. The case would often go straight to trial that first day.
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For more information on How an Attorney Can Help a Domestic Violence Case, a free initial consultation is your next best step.

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#CriminalDefense - #DomesticViolence - An Individual Can Directly Approach Family Court And Ask For A Restraining Order - Will there always be an arrest?

No. You can go directly to the Family Court and you can just ask for the restraining order. In that case, there are no criminal charges, there’s no criminal system involved, like they’re just a Family Court. If you go to the police though and file a restraining order through them, there is most likely going to be a criminal charge started as well.

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#CriminalDefense - #AssaultCrimes - What Are Some Examples Of Criminal Acts That Fall Under Simple Assault?

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#CriminalDefense - How Does New Jersey Law Define A Simple Assault?

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#CriminalDefense - #DomesticViolence - Common Misconceptions Regarding Domestic Violence Cases

One misconception is that they do not realize that there are two separate court systems they’re dealing with. The first court system is the family court which is evaluating the final restraining order, and the second system is the criminal court system where they’re facing criminal charges for the acts which led to the issuance of the TRO.

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#CriminalDefense - #DomesticViolence - Can Someone Contact Their Children During A Domestic Violence Case?

Initially, the answer would probably be no. The judge would give the person one 15-minute trip back to the dwelling, escorted by the police, so they could get some clothes and other things to keep themselves going until the next court date.
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For more information on Restraining Or Protection Orders, a free initial consultation is your next best step

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#CriminalDefense - #DomesticViolence - It Is Possible For An Individual Convicted Of A Domestic Violence Case To Gain Custody Of A Child

Yes, that certainly is possible. That’s if there is no danger indicated to the child, there may be the parents may just not belong together and there could be no issues with a person’s ability to handle their children.

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#CriminalDefense - #DomesticViolence - The Evidence Required to Prosecute Domestic Violence Cases - What sort of evidence is needed to prosecute the domestic violence case?

Not very much.to get the temporary restraining order, you simply have to go down to the police station or to see the Domestic Violence Team at the Family Court, tell them what happened. If it’s at the Municipal Court, they will call the judge and he will issue a telephonic restraining order.

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