Legal Question in Criminal Law in New Jersey

Tro

My problem started a few years ago while I was pregnent my sons biological father threatened and harrased me every time he would get drunk. I filed for a tro when my son was 2 because he treatened to burn my house down and kill me and my children ( I had another child after my son but that child wasn't his). He was later arrested. (I was informed that he was picked up because of a prior arrest in which he pushed his girlfriend while she was pregnant but she later dropped the charges). I was informed that he would get joint custody of my son even if convicted. that scarred me so I dropped the charges. He has not been a parenting figure in my sons life. But now my husband wants to adopt my son and the bio dad has contested claiming that I said the boy is not his. he asked for a dna test from the court. my question is will the court still consent to the adoption and can I reopen my case on the previous tro now that he knows exactly where we are I'm afraid he might carry out his prvious threats.


Asked on 7/17/06, 4:00 pm

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Tro

If he thinks a child is not his why does he bother to contest the adoption? If the natural father, who is contesting the adoption, is found by the Court to have abandoned his parental rights because of little or contact with his children over a period of years, his parental rights could be terminated and the adoption approved and allowed by the Court.

As for your fears now that the father knows where you are you could file a new domestic violence complaint based on any recent acts of domestic violence, such as harassment, terroristic threats, etc.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 7/17/06, 4:32 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Tro

You should be successful with both the adoption and the TRO, but you may have problems with the TRO if there are no recent acts of DV. While having an attorney will not ensure anything, it should make the entire process much smoother and it may give you a better chance at getting what you want as your arguments will be more thought out and well researched. You should at least meet with some attorneys to see if you think you need one. My initial consultations are always free, so call me ag 732/247/3340 to discuss your case and your options.

Good luck!

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Answered on 7/17/06, 5:08 pm


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