To schedule a confidential consultation, call (732) 572-0500
Kenneth Vercammen & Associates, P.C. 2053 Woodbridge Avenue - Edison, NJ 08817


Sunday, October 5, 2008

Free Office Space for Attorney- Edison, NJ

Free Office Space for Attorney- Edison, NJ
Law Office also has space sharing opportunity for new lawyer to get experience and go to court.
Attorney will be provided with their own office to start their practice, rent free. In return they will handle municipal court appearances, Will signings and other legal work and criminal law website updates in lieu of rent for maximum 5 hours per week.
Go to court and get trial experience. Excellent opportunity to jump start your career. You will get to represent people in Municipal Courts in Middlesex, Union and Monmouth County and meet the top Prosecutors and Judges. Must be admitted in NJ and have a car.
Learn to interview potential Municipal Court/Criminal clients. Also learn to draft Wills and work on Litigation files. Attorney may also help provide legal assistance to members of prepaid legal plans and public defender clients. Follow up contact calls with clients, courts, prosecutors and bar associations.
Excellent mentoring position for the right attorney. Are you hardworking and aggressive? Visit our website: www.njlaws.com to learn about our office.

The following is included with office use:
1. Desk space on our 2nd floor
2. Use of 2nd floor conference table for meetings or depositions by appointment
3. Use of our audio tape and video library.
4. Use of the front room reception area
5. Ability to put a file cabinet in basement to store your old file
6. Lighting/ Utilities
7. Bathroom Supplies
8. Landscaping / Snow Removal
9. Cleaning of Common Area
10. Hot water, municipal water/sewer charge paid
Call KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030

WILLS, PROBATE AND ELDER LAW- Adult and Community Education

WILLS, PROBATE AND ELDER LAW- Adult and Community Education
WHEN: Tuesday October 21, 2008 7 - 9 P.M.

East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Course # FBB ...............................................................Fee: $29

Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL: Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.

You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.centraljerseyelderlaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Tues. 7:00–8:30 pm .......................................1 session: 10/21

Call the Adult Education Office for registration information 732- 613-6989
http://www.ebnet.org/Community_Programs/downloads/Fall_2008_Web.pdf
Please make checks payable to Adult and Community Education and mail to: Director, East Brunswick Adult and Community Education, EBHS, 380 Cranbury Road, East Brunswick, NJ 08816-3095.
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey’s most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.centraljerseyelderlaw.com.
East Brunswick Wills rev 9/30/08Macbook

Wednesday, July 23, 2008

VISITATION OF CHILDREN

Family cases and divorce cases in New Jersey are governed by the Court Rules set up by the NJ Supreme Court. An attorney involved in visitation and family cases needs to be aware of the current rules.
The following is a portion of the NJ Court Rules which apply to certain family cases:

RULE 5:8. CUSTODY OF CHILDREN

5:8-1. Investigation Before Award

In family actions in which the court finds that the custody of children is a genuine and substantial issue the court shall refer the case to mediation in accordance with the provisions of R. 1:40-5. During the mediation process, the parties shall not be required to participate in custody evaluations with any expert. The parties may, however, agree to do so. The mediation process shall last no longer than two months from the date it commences or is ordered to commence, whichever is sooner. The court, on good cause shown, may extend the time period. The date for conclusion of mediation shall be set forth in any Case Management Order(s). If the mediation is not successful in resolving custody issues, the court may before final judgment or order require an investigation to be made by the Family Division of the character and fitness of the parties, the economic condition of the family and the financial ability of the party to pay alimony or support or both. In other family actions the court may, if the public interest so requires, order such an investigation. The court may continue any family action for the purpose of such investigation, but shall not withhold the granting of any temporary relief by way of alimony, support or pendente lite orders pertaining to parenting issues under R. 5:5-4 and R. 5:7-2 where the circumstances require. Such investigation of the parties shall be conducted by the Family Division of the county of venue, notwithstanding that one of the parties may live in another county, and the Family Division shall file its report with the court no later than 45 days after its receipt of the judgment or order requiring the investigation, unless the court otherwise provides. Such investigation of the parties shall be conducted by the probation office of the county of the home state of the child, notwithstanding that one of the parties may live in another country or state.

5:8-2. Direction for Periodic Reports

If an award of custody of minor children has been made, the court may in its discretion file a certified copy of its order or judgment with the probation office of the county or counties in which the child or children reside with a direction therein to such probation office to make periodic reports to the court as to the status of the custody. It shall be the duty of counsel to file 2 copies of the order or judgment with the probation office within 2 days, together with information concerning the exact place of residence of the child or children. Upon the filing of such report, the court may on its own motion and where it deems it necessary, reopen the case and schedule a formal hearing on proper notice to all parties.

A certified copy of a custody decree of another state filed with the Clerk of the Superior Court of this State shall be sent to the probation office of the county or counties in which the child or children reside.

5:8-3. Investigation After Award

The court may on its own motion when it deems it necessary or where an application is made by either party to modify the award or terms thereof, in its discretion require the investigation provided for in R. 5:8-1. The court may continue such application for the purpose of such investigation and report.

5:8-4. Filing of Reports

The written report of an investigation made pursuant to this rule shall be filed with the court, shall be furnished to the parties, and shall thereafter be filed in the office of the Chief Probation Officer. The report shall be regarded as confidential, except as otherwise provided by rule or by court order. The report shall be received as direct evidence of the facts contained therein which are within the personal knowledge of the probation officer who made the investigation and report, subject to cross-examination

5:8-5. Custody and Parenting Time/Visitation Plans, Recital in Judgment or Order

(a) In any family action in which the parties cannot agree to a custody or parenting time/visitation arrangement, the parties must each submit a Custody and Parenting Time/Visitation Plan to the court no later than seventy-five (75) days after the last responsive pleading, which the court shall consider in awarding custody and fixing a parenting time or visitation schedule.

Contents of Plan. The Custody and Parenting Time/Visitation Plan shall include but shall not be limited to the following factors:

(1) Address of the parties.

(2) Employment of the parties.

(3) Type of custody requested with the reasons for selecting the type of custody.

(a) Joint legal custody with one parent having primary residential care.

(b) Joint physical custody.

(c) Sole custody to one parent, parenting time/visitation to the other.

(d) Other custodial arrangement.

(4) Specific schedule as to parenting time/visitation including, but not limited to, weeknights, weekends, vacations, legal holidays, religious holidays, school vacations, birthdays and special occasions (family outings, extracurricular activities and religious services).

(5) Access to medical school records.

(6) Impact if there is to be a contemplated change of residence by a parent.

(7) Participation in making decisions regarding the child(ren).

(8) Any other pertinent information.

(b) The court shall set out in its order or judgment fully and specifically all terms and conditions relating to the award of custody and proper support for the children.

(c) Failure to comply with the provisions of the Custody and Parenting Time/Visitation Plan may result in the dismissal of the non-complying party's pleadings or the imposition of other sanctions, or both. Dismissed pleadings shall be subject to reinstatement upon such conditions as the court may order.

5:8-6. Trial of Custody Issue

Where the court finds that the custody of children is a genuine and substantial issue, the court shall set a hearing date no later than six months after the last responsive pleading. The court may, in order to protect the best interests of the children, conduct the custody hearing in a family action prior to a final hearing of the entire family action. As part of the custody hearing, the court may on its own motion or at the request of a litigant conduct an in camera interview with the child(ren). In the absence of good cause, the decision to conduct an interview shall be made before trial. If the court elects not to conduct an interview, it shall place its reasons on the record. If the court elects to conduct an interview, it shall afford counsel the opportunity to submit questions for the court's use during the interview and shall place on the record its reasons for not asking any question thus submitted. A stenographic or recorded record shall be made of each interview in its entirety. Transcripts thereof shall be provided to counsel and the parties upon request and payment for the cost. However, neither parent shall discuss nor reveal the contents of the interview with the children or third parties without permission of the court. Counsel shall have the right to provide the transcript or its contents to any expert retained on the issue of custody. Any judgment or order pursuant to this hearing shall be treated as a final judgment or order for custody.

RULE 5:8A. APPOINTMENT OF COUNSEL FOR CHILD

In all cases where custody or parenting time/visitation is an issue, the court may, on the application of either party or the child or children in a custody or parenting time/visitation dispute, or on its own motion, appoint counsel on behalf of the child or children. Counsel shall be an attorney licensed to practice in the courts of the State of New Jersey and shall serve as the child's lawyer. The appointment of counsel should occur when the trial court concludes that a child's best interest is not being sufficiently protected by the attorneys for the parties. Counsel may, on an interim basis or at the conclusion of the litigation, apply for an award of fees and costs with an appropriate affidavit of services, and the trial court shall award fees and costs, assessing same against either or both of the parties.

RULE 5:8B. APPOINTMENT OF GUARDIAN AD LITEM

(a) Appointment. In all cases in which custody or parenting time/visitation is an issue, a guardian ad litem may be appointed by court order to represent the best interests of the child or children if the circumstances warrant such an appointment. The services rendered by a guardian ad litem shall be to the court on behalf of the child. A guardian ad litem may be appointed by the court on its own motion or on application of either or both of the parents. The guardian ad litem shall file a written report with the court setting forth findings and recommendations and the basis thereof, and shall be available to testify and shall be subject to cross-examination thereon. In addition to the preparation of a written report and the obligation to testify and be cross-examined thereon, the duties of a guardian may include, but need not be limited to, the following:

1. Interviewing the children and parties.

2. Interviewing other persons possessing relevant information.

3. Obtaining relevant documentary evidence.

4. Conferring with counsel for the parties.

5. Conferring with the court, on notice to counsel.

6. Obtaining the assistance of independent experts, on leave of court.

7. Obtaining the assistance of a lawyer for the child (Rule 5:8A) on leave of court.

8. Such other matters as the guardian ad litem may request, on leave of court.

(b) Objection or Refusal of Appointment. A proposed guardian ad litem shall have the right to consent or to decline to serve as such, notice of such decision to be in writing to the court with copies to counsel. The parties shall have the right to object to the person appointed as guardian ad litem on good cause shown.

(c) Term. The term of the guardian ad litem shall be coextensive with the application pending before the court and shall end on the entry of a Judgment of Divorce or an Order terminating the application for which the appointment was made, unless continued by the court. The guardian ad litem shall have no obligation to file a notice of appeal from a Judgment or Order nor to participate in an appeal filed by a party.

(d) Fee. The hourly rate to be charged by the guardian ad litem shall be fixed in the initial appointing order and the guardian ad litem shall submit informational monthly statements to the parties. The court shall have the power and discretion to fix a retainer in the appointing order and to allocate final payment of the guardian ad litem fee between the parties. The guardian ad litem shall submit a certification of services at the conclusion of the matter, on notice to the parties, who will thereafter be afforded the right to respond prior to the court fixing the final fee.

Official Comment for Rules 5:8A and 5:8B

The purpose of Rules 5:8A and 5:8B is to eliminate the confusion between the role of a court-appointed counsel for a child and that of a court-appointed guardian ad litem (GAL). The Supreme Court's Family Division Practice Committee in its 1987-1988 Annual Report distinguishes the roles.

A court-appointed counsel's services are to the child. Counsel acts as an independent legal advocate for the best interests of the child and takes an active part in the hearing, ranging from subpoenaing and cross-examining witnesses to appealing the decision, if warranted. If the purpose of the appointment is for legal advocacy, then counsel would be appointed.

A court-appointed guardian ad litem's services are to the court on behalf of the child. The GAL acts as an independent fact finder, investigator and evaluator as to what furthers the best interests of the child. The GAL submits a written report to the court and is available to testify. If the purpose of the appointment is for independent investigation and fact finding, then a GAL would be appointed. The GAL can be an attorney, a social worker, a mental health professional or other appropriate person. If the primary function of the GAL is to act in the capacity of an expert, then the court should ordinarily appoint a GAL from the appropriate area of expertise. Attorneys acting on behalf of children in abuse or neglect cases and in termination of parental rights cases should act as counsel for the child pursuant to Rule 5:8A rather than in the capacity of a GAL pursuant to Rule 5:8B. See, Matter of M.R., 135 N.J. 155, 174, 638 A.2d 1274, 1283 (1994)).

These rules are not intended to expand the circumstances when such appointments are to be made; neither are these appointments to be made routinely.

Conclusion If involved in family court matters, immediately schedule an in-office appointment with an experienced attorney. Don't rely on a real estate attorney, or a family member who simply attended law school. When your future is on the line, hire a knowledgeable attorney.

The above information is a brief outline of Court Rules an attorney will review in applicable Family cases. If Kenneth Vercammen's office is unable to handle a case because it is outside our area, we often can refer individuals to experienced attorneys you can consult.

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

Starting a New Limited Liability Company (LLC)

By Kenneth A. Vercammen, Attorney at Law
Complete Formation Service - Our complete formation service includes the preparation and filing of the certificate of formation on the expedited basis with the New Jersey Division of Taxation. We will also complete the operating agreement and issue of the member certificates. The completed company outfit will be available for pick up within 14 business days. Legal fees and filing costs are approx $1,200. Please fill out the following information and forward to our office.

1. Proposed Name of Limited Liability Company LLC: _________________

Alternate names of Limited Liability Company LLC: ________________

2. Registered agent: __________________________________________

3. Address of registered agent __________________________________ Name founder/director 1- ____________________________________

Address: _________________________________________________

Name founder/director 2- ____________________________________

Address: _________________________________________________

Name founder/director 3- ____________________________________

Address: ________________________________________________

Name and address of location where Company is located/ first meeting to be held ________________________________________________

Address of principal place of business: __________________________

Benefits of a Limited Liability Company LLC:

Setting up a Limited Liability Company LLC will provide the members with certain protections if they keep up their Limited Liability Company LLC status. In a Limited Liability Company LLC, the liability of the owners is generally limited to the amount they pay for their membership certificates. The names of the members are also private from the public. A Limited Liability Company LLC is a legal entity, and its continuity is unaffected by death or the transfer of shares of stock by any or all owners.

There are many advantages and restrictions on the Limited Liability Company LLC. Your accountant can explain the taxes and employee benefits analysis, as compared to a corporation or sole proprietorship.

HOW YOUR ATTORNEY CAN HELP YOU AND DOCUMENTS YOU CAN HIRE AN ATTORNEY TO PREPARE OR REVIEW FOR YOU:

l. Prepare Limited Liability Company LLC Resolutions each time major decisions must be made 2. Prepare/Review buy-sell agreements 3. Obtain SS-4(Federal) application for Employer Identification Number 4. Provide specific legal advice 5. Prepare and File Certificate of Change of Registered Agent 6. Revise Membership agreement 7. Prepare Agreement of Sale 8. Prepare Promissory Note

There are many federal and state forms and other documents to be obtained by you or your accountant:

1. W-4 (Federal) Employee's Withholding Allowance Certificate 2. I-9 (Federal) Employment Eligibility Verification (Required by the U.S. Department of Justice, Immigration and Naturalization Services). The I-9 verifies an individual's eligibility for employment. 3. 2553 (Federal) Election by a Small Business Corporation 4. UC-l (NJ) Status Report of Employing Unit 5. CIS-l (NJ) Application for Registration

Each year the affairs of small businesses become more and more complex as government regulations and tax law changes increasingly affect their operations. Probably the best way for a business, whether it is a proprietorship, partnership, Limited Liability Company LLC or corporation, to comply with all laws, regulations or rulings is to meet with your attorney near the end of each fiscal year. Certain questions must be answered, including but not limited to:

1. Is the minute book up to date? 2. Are the minutes signed? 3. Do the minutes reflect the following? a. Annual shareholder's' meeting? b. Annual directors' meeting? c. Special meetings? d. Retirement plan contributions? e. Bonuses? 4. Are stock certificate books properly up to date? 5. Are by-laws properly up to date? 6. Are proper records of expense reimbursements being kept?

Accountant Duties

You should have your accountant advise your attorney in writing to confirm the following questions are taken care of:

1. Have taxes been estimated? 2. Have deposits on federal and state taxes been paid? 3. Are there any earnings accumulation problems? 4. Have state and federal tax returns been prepared? 5. Have all tax returns been filed on time? 6. Are proper depreciation guidelines being followed?

CALL YOUR ATTORNEY WITH ANY LEGAL ISSUES

As an owner or officer of a business, you must see that all necessary steps be taken in order to protect your business and to finish necessary transactions before the end of the business' fiscal year. You should discuss these duties with your attorney, plus discuss the advisability of contemplated transactions.

SHAREHOLDERS AGREEMENTS- LIFE INSURANCE TO COVER BUY-OUTS

Often the Shareholders/owners of a small Corporation purchase life insurance to make provisions for purchase of a deceased shareholders interests. Shareholders often desire to set forth their respective rights concerning Corporation's stock with regard to death, disability, retirement and other future disposition of the stock by any Shareholder by imposing certain restrictions and obligations on themselves, on Corporation and on their shares of stock of Corporation. Your shareholders agreement can include language to provide for transfers of stock upon death. The following type of provisions can sometimes be included in a shareholder's agreement:
The parties hereto agree that there may be kept in force policies insuring the life of each Shareholder in such amounts as shall be determined from time to time by the Board of Directors, and that Corporation or the other Shareholders shall assume and pay all premiums for such policies. Corporation or the other Shareholders shall be the owner of, and the beneficiary under each policy, but shall receive the proceeds as a trustee for the benefit of the deceased Shareholder for the purpose of purchasing the shares of stock of the deceased Shareholder pursuant hereto.

Upon the sale by any Shareholder of his shares of stock in Corporation during such Shareholder's lifetime, he shall have the option, exercisable within a period of thirty (30) days subsequent to the sale of his shares of stock, to purchase from Corporation or the other Shareholders the policy insuring his life in exchange for the payment in cash of an amount equal to the cash surrender value, if any, less any loans attributable thereto, of such policy as of the date of such sale. The terms of each insurance policy shall require that each Shareholder receive from the insurance company a copy of all premium and termination notices relating to the policy insuring his life not later than ten (10) days prior to the date to which the notice relates.

SHAREHOLDER'S AGREEMENT PROVISIONS UPON DEATH OF A SHAREHOLDER

Usually it is in the best interest of a small Corporation and of Shareholders to make provisions for the future disposition of the shares of Corporation, and to provide that such shares shall be transferable only upon compliance with decided terms. Shareholders often desire to set forth their respective rights concerning Corporation's stock with regard to death, disability, retirement and other future disposition of the stock by any Shareholder by imposing certain restrictions and obligations on themselves, on Corporation and on their shares of stock of Corporation. Your Shareholders Agreement can include the following language to provide for transfers of stock upon death.
Upon the death of a Shareholder, the Corporation shall have an option to purchase all of the shares of stock then owned by such deceased Shareholder. The option granted Corporation hereunder shall be exercised by written notice from Corporation to the personal representative of such deceased Shareholder within thirty (30) days after the qualification of such representative, or sixty (60) days after death, whichever is later. Upon the exercise of such option, the personal representative of such deceased Shareholder shall be required to sell all of the shares of stock of Corporation subject of the exercise of the option by Corporation at the price and in accordance with the terms herein set forth. If the qualification of such representative or sixty (60) days after death, whichever is later, the option granted Corporation hereunder shall lapse.

If there are any such shares of stock outstanding which Corporation desires to purchase but cannot because of legal limitations imposed on it, the remaining Shareholders agree to take all actions necessary (including, without limitation, transfer to Corporation of outstanding shares of its stock, contribution to its capital or arranging for a valid reappraisal of its assets) in order that Corporation can legally acquire the shares of stock. After giving effect to the foregoing, if there are any shares of stock of Corporation which cannot legally be purchased by Corporation (or which Corporation determines not to purchase pursuant to the option herein granted), the remaining Shareholders shall be required to purchase, and the personal representative of such deceased Shareholder shall be required to sell, said remaining shares of stock at the price and in accordance with the terms set forth herein.

It is expressly understood and agreed that this agreement shall apply to and govern the personal representative or representatives of any deceased Shareholder.

PURCHASE PRICE:

For the purpose of this Agreement, if the parties can agree upon a price to be paid, then the parties having the right to purchase may take the interest at such price so agreed upon. But in case the parties cannot agree upon a fair price or book value thereof, then each of the parties shall have the right to appoint one experienced business man as arbitrator, who, if they can agree, shall fix a price, whereupon the parties to this contract remaining in the business shall have the right to purchase the said interest of the said party going out at such figure, if they so desire, but they shall have the option to refuse or to take the interest at that price.

In the event that the two arbitrators so appointed cannot agree, then they shall choose a third party as umpire, and the decision of the majority thereof shall fix a price, in which case the parties remaining in the business shall have the right to take or to refuse the interest at the price so determined.

TIME FOR PAYMENT AND SECURITY:

In the event the purchase price is payable because of the death of a Shareholder, it shall be paid as follows:

In the event that Corporation or the surviving Shareholders have received insurance proceeds on the death of the deceased Shareholder and such proceeds equal or exceed One Hundred (100%) percent of the purchase price, the amount of such proceeds shall be paid in cash up to the total amount of the purchase price within five (5) days after their receipt by Corporation or the surviving Shareholders, or within twenty-five (25) days after the qualification of the decedent's personal representative, whichever date is later.

In the event that Corporation or the surviving Shareholders have received insurance proceeds on the death of the deceased Shareholder, and such proceeds total less than One Hundred (100%) percent of the total amount of the purchase price, the amount of such proceeds shall be paid in cash within five (5) days after their receipt by Corporation or the surviving Shareholders or within twenty-five (25) days after the qualification of the decedent's personal representative, whichever date is later. The balance, if any, of the purchase price, whether due from Corporation or from the surviving Shareholders, shall be payable in sixty (60) equal monthly installments, the first of which installments shall be due on the first day of the next fiscal year of the estate of the deceased Shareholder immediately following the date of initial payment, and shall bear interest at the rate of nine (9%) percent per annum on the unpaid balance thereof, which interest shall also be payable monthly commencing with the payment of the first installment of principal. Installment payments shall be applied first to accrued interest and the balance in reduction of principal. Corporation and the surviving Shareholders shall have the right to prepay the unpaid balance in whole or in part at any time without penalty.

The unpaid balance of the purchase price, whether due from Corporation or from the surviving Shareholders, or both, shall be evidenced by a judgment note, or notes, which shall contain a fifteen (15) day grace period, after notice, within which to cure any default and which shall provide that no judgment may be entered thereon unless a default continues after the expiration of the grace period. Such unpaid balance shall be secured by the shares of stock being purchased hereunder.

The best time to negotiate and sign a shareholders agreement is while the small business shareholders are healthy and the business is profitable.

Responsibilities after a Corporation is set up

n connection with the incorporation of a business, a licensed attorney should have performed the following legal services for you:
Prepared Articles of Incorporation containing the following provisions:

-Name of Corporation - Alternate names of Corporation -name director 1- Address: name director 2- Address: - Aggregate # of shares: 1,000 --Value of shares $1.00 --registered agent: --address of registered agent --engage in the business of...Any legal purpose

PREPARED correspondence and fax to Capital Information Service PO Box 2041 Trenton, NJ 08607 with request for immediate incorporation

Review filed Certificate of Incorporation

Review corporate kit with book and seal

PREPARED Minutes and By-Laws for corporation including the following:

--commencement date --hour of meeting including a.m./p.m. --date certificate of incorporation filed: --bank name: --address of principal place of business: --number directors written out (e.g., three): -number of directors to call special meeting written out: -number of days oral notice for special meeting written out: -number of days written notice for special meeting written out: --number of directors for quorum written out: --name and address of location where first meeting held -- name and address of location where annual meeting will be held:

PREPARED MINUTES OF ORGANIZATIONAL MEETING OF FIRST BOARD OF DIRECTORS

PREPARED WAIVER OF NOTICE OF MEETING OF BOARD OF DIRECTORS

PREPARED ACKNOWLEDGMENT OF ATTENDANCE OF FIRST MEETING OF BOARD OF DIRECTORS

PREPARED ORGANIZATIONAL RESOLUTIONS ADOPTED BY BOARD OF DIRECTORS

PREPARED MINUTES OF FIRST MEETING OF SHAREHOLDERS

PREPARED WAIVER OF NOTICE OF MEETING OF SHAREHOLDERS

BENEFITS OF A CORPORATION: Setting up a Corporation will provide the officers with certain protections if they keep up all their corporate status. In a corporation, the liability of the owners is limited to the amount they pay for their shares of stock. The names of the stockholders are also private from the public. A corporation is a legal entity, and its continuity is unaffected by death or the transfer of shares of stock by any or all owners.

A major disadvantage of most corporations is double taxation on corporate profits and the dividends after they are paid to the shareholders. Another drawback is that tax losses, such as from depreciation, usually can-not be passed through to the stockholders.

In an "S" corporation, a special "election" is made so that profits are passed through to the stockholders with no Federal income tax (IRS) to the corporation as an entity. Some states, such as New Jersey, do not recognize "S" corporations for New Jersey state tax purposes. There are many advantages and restriction on the "S" corporation election. Your accountant can explain the following assets, taxes and employee benefits analysis.

C Corporation

Advantages l. Tax deferral @ l5% first $50,000 of income 2. Medical Insurance is deductible 3. Group term life insurance is deductible

Disadvantages l. Maximum tax rate is 34% 2. Double taxation 3. Favorable liquidation tax treatment is no longer available resulting in double taxation.

S Corporation

Advantages l. Single level of federal taxation 2. Single level of taxation upon sale or liquidation of business

Disadvantages l. Medical and group term life insurance is not deductible

HOW YOUR ATTORNEY CAN HELP YOU AND DOCUMENTS WE CAN PREPARE OR REVIEW FOR YOU:

l. Prepare Corporate Resolutions each time major decisions must be made 2. Review franchise agreements 3. Prepare/Review buy-sell agreements 4. SS-4(Federal) application for Employer Identification Number 5. Provide specific legal advice 6. Prepare and File Certificate of Change of Registered Agent 7. Revise By-Laws 8. Revise meeting of shareholders documents 9. Prepare and File Trade Name Certificate with County Clerk if requested l0. Prepare Shareholders/ Stockholders Agreement ll. Prepare Agreement of Sale l2. Prepare Promissory Note l3. Prepare and File Annual Report to Secretary of State l4. Prepare/Review lease agreements or purchase agreements

Each year the affairs of small businesses become more and more complex as government regulations and tax law changes increasingly affect their operations. Probably the best way for a business, whether it is a proprietorship, partnership or corporation, to comply with all laws, regulations or rulings is to meet with your attorney near the end of each fiscal year. Certain questions must be answered, including but not limited to:

l. Is the minute book up to date? 2. Are the minutes signed? 3. Do the minutes reflect the following?

a. Annual shareholder's' meeting? b. Annual directors' meeting? c. Special meetings? d. Retirement plan contributions? e. Bonuses? 4. Are stock certificate books properly up to date? 5. Are by-laws properly up to date? 6. Are proper records of expense reimbursements being kept?

You should have your accountant advise your attorney in writing to confirm the following questions are taken care of:

7. Has corporate tax been estimated? 8. Have deposits on federal and state taxes been paid? 9. Are there any earnings accumulation problems? l0. Have state and federal tax returns been prepared? ll. Have all tax returns been filed on time? l2. Should a subchapter S election be made or recorded? l3. Are proper depreciation guidelines being followed?

CALL YOUR ATTORNEY WITH ANY LEGAL ISSUES

As an owner or officer of a business, you must see that all necessary steps be taken in order to protect your business and to finish necessary transactions before the end of the business' fiscal year. You should discuss these duties with your attorney, plus discuss the advisability of contemplated transactions.

As a free additional service to clients, the Kenneth Vercammen & Associates, PC law office will hold your file in storage for seven years. We will also continue to provide you with updates on certain recent changes in the Law. We look forward to helping you and your family in the future. To improve our service to clients, we hope you can fill out the enclosed Client Questionnaire and return it to our office in the stamped, self-addressed envelope.

Requirements when selling a home

The sale of a home is probably the largest transaction a person will ever undertake. Careful consideration should be given to the technical difficulties involved in the transfer of real estate before the Contract is finalized.
The Contract of Sale

A Contract of Sale is an agreement for the purchase and sale of real estate. This is the most important document in any real estate transaction because it establishes the respective rights and responsibilities of the purchaser and the seller.

Since the Contract of Sale is important and legally binding New Jersey requires a 3 day attorney review period on Contracts prepared by a realtor. Please read the contract before signing. If you have any questions, please ask your real estate agent. If there are any clauses you want added, such as the house sale "As is", make sure they are added to the Contract before signing.

The 3 day attorney review period is to protect the buyer and seller from being forever bound by a contract without them receiving the benefit of legal advice. You only have three days to have your attorney review the contract and make the appropriate changes. Remember that once a Contract is signed and in final form after 3 days, your rights and obligations are fixed concerning the transaction. Your attorney will no longer have the opportunity to structure the Contract to meet your objectives. In New Jersey, the "Statute of Frauds" requires all contracts for the sale of land to be in writing.

The buyers or the buyers' realtor are under no obligation to tell you what the contract means and you may not understand the legal meaning of the terminology. So, if you are going to have an attorney represent you in the transaction, the time to consult one is either before you sign any papers or within 2 days of signing.

The Contracts often have standard clauses. Common clauses are the following: 1. PURCHASE AGREEMENT AND PROPERTY DESCRIPTION 2. PURCHASE PRICE 3. MANNER OF PAYMENT 3A. IF PERFORMANCE BY PURCHASER IS CONTINGENT UPON OBTAINING A MORTGAGE 3B BALANCE OF PURCHASE PRICE 4. MARKETABILITY OF TITLE 5A. ITEMS INCLUDED IN SALE 5B. ITEMS EXCLUDED FROM SALE 6. TERMITE INSPECTION 7. ENGINEERING AND HOME INSPECTION 8. ADJUSTMENTS AT CLOSING 9. ASSESSMENTS 10. SELLER'S RIGHT TO PAY CLAIMS AT CLOSING 11. PURCHASER'S RIGHT TO POSSESSION 12. RISK OF LOSS 13. PURCHASER FINANCIALLY ABLE TO CLOSE 14. NO ASSIGNMENT 15. SURVEY AFFIDAVIT 16. CERTIFICATE OF OCCUPANCY 17. PERSONAL PROPERTY IN WORKING ORDER 18. FEE SIMPLE 19. FLOOD HAZARD ZONE 20. LEAKS 21. RADON 22. HAZARDOUS INSULATION 23. BACK TITLE 24. CLOSING REQUIREMENTS 25. BROKER'S COMMISSIONS 26. ENTIRE AGREEMENT

The Contract of Sale should state the parties, the purchase price and how it is to be paid, an adequate description of the property being sold, the kind of deed to be delivered, the quality of the seller's title to the property included in the sale, the date you are to take possession, and other clauses relating to the property and the parties' respective responsibilities to each other. Recent new laws Lead paint New laws require a signed lead paint warning and disclosure statement. Recent changes in the tax laws allow the seller to exclude up to $250,000 of gain on the sale or exchange of a principal residence. Internal Revenue Code Section 121 was amended by the Taxpayer Relief Act of 1997. For married taxpayers filing a joint return for the year of the sale, the exclusion is increased to $500,000.

Realtor disclosure In addition, regulations require all realtors to disclose in writing whether they represent the buyer, seller or both. We highly recommend to someone selling a house that they retain a full time licensed real estate salesperson. Often trying to sell a house yourself, a "For sale by owner" does not bring in qualified buyers as quickly as a property being sold through an experienced realtor. Home inspectors must be licensed The NJ Home Inspection Licensing Act, which took effect July 6, requires home inspectors to acquire a license from the state, maintain minimum standards of practice and ethics, and carry insurance for their errors and omissions.

Read and Understand the Contract Before Signing your Contract of Sale

Perhaps the seller may want to retain possession of the property for some time in order to find new accommodations. If so, appropriate clauses can be included in the contract defining such rights prior to signing. Never sign a contract involving the sale or purchase of real estate until you have done the following:

1. read the entire contract 2. written down your questions and posed them to your realtor 3. made sure all your requested clauses are included, such as the house being sold "as is"

These are only a few matters usually covered in the contract. However, they illustrate the variety of terms and conditions to be considered when you enter into such a transaction.

Common Clauses Added by Experienced Attorneys

There are many important ways in which an attorney can help protect your interests during a real estate transaction. The Seller's Attorney will often prepare a real estate addendum after reviewing the initial Contract during the three day attorney review period. For example, some Sellers attorney's will advise the draft Pre-Printed Contract is satisfactory provided the following amendments are acceptable to both Buyer and Seller.

SAMPLE CONTRACT ADDENDUM CLAUSES

.c.1. Written Application for Mortgage; Buyer(s) must make complete written application for a mortgage within three (3) days of the date of this letter. Buyer(s) must provide all documents requested by its mortgage company and perform all acts requested by its mortgage company.

c.2. Termite Treatment ; If the Buyer(s) elect(s) to have a termite/vermin inspection, Buyer(s) must use an inspector who has a license with the State of New Jersey to treat termite conditions. The Seller(s) shall not be required to expend more than $500 to treat or repair termite or vermin condition and/or termite or other vermin damage.

c.3. Termite and Home Inspections; The Buyer(s) must have delivered to the Seller's(s') attorney and seller's realtor the Termite Report and Home Inspection/Structural/Engineering Report within fourteen (14) days of the date of this letter, or these contingencies shall be deemed waived. Seller is not required to make any repairs. If Seller is not willing to voluntarily make repairs to damage which exceeds $2,000 or does not response within 7 days, Buyer has only 7 days from date of mailing of home inspection report to Seller to notify Sellers attorney and Seller's realtor in writing that it wishes to cancel the contract under the home inspection clause. If Buyer does not cancel within this time period, the termite and Home inspection clause is waived.

c.4. As is; The Buyer(s) and Seller(s) acknowledge that the property is "as is." The Seller(s) does/do not make any claims or promises about the condition or value of the property included in this sale. The Buyer(s) has inspected the property and will also rely on any rights to inspection which may be provided for in the contract. No representations shall survive closing.

c.5. Mortgage contingency; A mortgage commitment obtained by the Buyer(s) shall be considered to be firm and unconditional even though it contains a condition requiring the Sale of Buyer's(s') home prior to mortgage closing or other conditions. The Buyer(s) hereby waives any condition as an inducement to Seller's(s') to enter this contract. If the Buyer does not obtain a written mortgage commitment by the date established in the Contract, the Buyer has 7 days to cancel the contract or the mortgage contingency is deemed waived. The parties may agree to extend the mortgage contingency at the option of the Seller. A copy of the mortgage contingency shall be delivered to the Seller's(s') attorney and seller's realtor.

c.6. Damage by casualty ; If the premises are damaged by fire or other casualty, the Seller shall have the option to repair the damages. In the event the Seller elects not to repair the damage, the Buyer shall have the right to cancel the Contract.

c.7. Real estate commission ; The real estate commission shall not be deemed to have been earned until title is transferred and the purchase price paid, the passage of title and payment of the purchase price in accordance with the Contract being a condition precedent to any obligation to pay any commission.

c.8. Seller fees; Seller shall not be required to pay more than $25.00 for the mortgage release and not more than $20.00 for Federal Express or other delivery/ mailing services.

c.9. Lead paint ;Buyer has obtained from real estate agent the lead-based paint information format. Seller has no personal knowledge regarding lead paint. If lead paint exists, seller is not required to repair, fix or reduce purchase price.

c.10. Cancel notice by mail; All notices to amend or cancel contract shall be sent by mail or hand delivery. Fax notices is not effective notice.

c.11. Addendum controls over Contract; The terms of this Contract Addendum shall control over terms of the contract.

The Seller's Attorney will request the Buyer's Attorney and the Buyer's realtor to review these amendments immediately and kindly confirm these amendments are acceptable by signing a copy of the letter on behalf of your client(s) and returning same to this office.

The seller's attorney can: * Prepare, review and explain the contract of sale. * Obtain from the Seller back title, including a photocopy of the Deed, survey, title policy and mortgage payoff statement and forward them to the purchaser's attorney, thus expediting the search and survey process.

The Seller's Information Sheet at the end of this article should be completed and returned to * Cooperate with the purchaser's attorney in resolving possession and closing date problems. * Remind the seller to contact their mortgage company and equity loan to obtain a written payoff/balance due on their mortgage. * Cooperate with the purchaser's attorney in preparing the final closing statement. * Prepare a new Deed, Affidavit of title, survey affidavit and any other necessary documents. Fax Deed and Affidavit of Title to buyer's attorney prior to closing and request any changes be faxed back * Review the Respa, which is the Federal Real Estate Settlement Procedure Statement/Amounts paid and to be received * Represent you at the closing and make certain that you receive the correct amount of proceeds from the sale.

Of course, these items represent only a partial list of services which may be rendered by the attorney for the buyer during real estate transactions. Your attorney may be requested to perform any additional services necessitated by your sale.

The Seller's Attorney is the Seller's Advocate and can only represent the Seller

Remember one important point - the buyer, real estate broker, and bank in the transaction may have their own legal staff representing each of their interests. An attorney representing any of the other parties is not your attorney. Under the New Jersey Rules of Professional Conduct, there is a strict attorney client privilege and your attorney will protect the seller's interests.

Home Inspection- To determine defects, not cosmetic repairs

The attorney also may represent his client's interests in connection with the home inspection report. Upon receiving a copy of the home inspections report (which generally involves a structural and environmental analysis of the property to be purchased or sold), the attorney for the buyer, after consultation with his client, will mail a copy of the inspection report to the seller's attorney. The buyer may request certain repairs and/or remediation of the conditions noted by the home inspector. In response, the seller must communicate to their attorney and realtor what action the seller is willing to take to meet the buyer's concerns. Often depending on the terms of the contract, if agreement cannot be reached on issues raised by the home inspection report, the buyer or seller may cancel the contract. More realistically, however, the seller and buyer, through their attorneys and realtors, work to reach a compromise acceptable to both clients.

Immediately Prior to closing

1. Seller's lawyer: review closing statement information; confirm place, date and time 2. Seller to bring keys, tax bill, etc. and arrange for final reading of utilities; review closing statement with client; confirm date, time and place 3. Brokers: follow up with real estate agents to get deposit in certified form, if necessary, to get commission statement receipt, to get extra keys, to arrange final walk-through, final reading and transfer of utilities, deliver C-O and smoke detector certificate if held by broker, arrange pre-closing inspection for buyer. As stated earlier, the realtor for a seller in New Jersey performs substantial services. Attorneys appreciate their efforts in making closings move smoothly.

THE CLOSING- How the Seller attorney can Help

-Travel to closing & execute up to 30 separate documents

-Witness Seller's deed & affidavit of title prepared by seller's attorney

-Review closing instructions; review survey ; review title work

-Follow up CO, smoke detector certificate, and 1099 statement signed by seller

-Protect the Seller from last minute problems

Conclusion- Protect Your Rights

The important thing to remember is that selling a home is a major event involving hundreds of thousands of dollars. In the long run, it's likely to be more economical to have competent professional advice - your attorney's advice - in making the sale than to risk the trouble and expense that could result from not having that advice in the first place. For additional information on legal topics, visit the website www.njlaws.com

About the Author: Kenneth A. Vercammen is a Metuchen, Middlesex County trial attorney who has published 114 articles and books in national and New Jersey publications on Wills, Elder Law, Personal Injury, Municipal Court and Real Estate topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award. He has established New Jersey's most popular Elder Law website on the Internet to provide free information to citizens at www.njlaws.com He has served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 14 years. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors. In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, and contested Probate hearings.

Editor's SPECIAL NOTE: This information was issued to inform and not to advise. It is based on New Jersey law. The statements are general, and individual facts in a given case may alter their application or involve other laws not referred to here. For specific legal advice, contact an attorney.

SELLERS INFORMATION SHEET- TO BE COMPLETED BY SELLER AND RETURNED TO SELLER'S ATTORNEY

1. SELLERS NAME: (as it appears on deed _______________________

2. Real Estate being Sold: Lot No. _________ Block No. __________

Address: __________________________________________

3. Present Mortgage Company: _____________________________ Address: ___________________________________________ Loan No. ___________________ 800 Telephone No. ____________ (Provide/ Obtain copy of payoff amount)

4. Other Mortgages, including Bridge Loans or Home Equity: Name of Mortgage Company: _____________________________ Address: __________________________________________ Loan No. __________________ 800 Telephone No. ____________ (Provide/ Obtain copy of payoff amount)

5. Social Security Number: (H) ________________ (W) ___________

6. Is any Seller age 62 or over? If so, name and date of birth: _________

7. Name, Address, Telephone number of Condominium Association, if any

_______________________________________________________

8. Type of Fuel: Gas ___________________ Oil _______________

PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original)

9. Marriage Information: Date of Marriage __________ Maiden or Prior Name(s) __________ Prior Marriages ________________________ (provide copy of Final Judgment of Divorce needed, not original)

10. Address After Property Sale: _____________________________

RESTRAINING ORDERS in DOMESTIC VIOLENCE CASES

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

RESTRAINING ORDERS in DOMESTIC VIOLENCE CASES

by Kenneth A. Vercammen, Esq.

New Jersey domestic violence laws are very strict. If there are any signs of physical injuries the police must arrest the abuser. Even without independent witnesses and no physical injuries, police may arrest the abuser. Domestic Violence is a crime under the law, and the police must respond to the calls of victims. The police are required to give the victim information about their rights and to help them. Among other things, police must write up a report. For example, O.J. Simpson would not have gotten away with abuse in New Jersey. Police are automatically required to arrest an abuser if they see any evidence of abuse or assault. Even during the evening, your town Municipal Court or Superior Court can issue a civil restraining order which is a legally enforceable document. The temporary restraining order will prohibit the defendant/abuser from harassing you or entering your residence. Unlike a criminal case where a person is provided with lengthy due process, and if guilty receives probation and a monetary fine, a domestic violence hearing allows judges to issue far reaching orders. A domestic violence hearing is usually held within only ten (10) days of the filing of an ex parte complaint and temporary restraining order. After a hearing , NJSA 2C:25-29 (b) allows the Chancery Division, Family Part Judge to grant substantial relief to the complainant. Among the relief the Court may gives is:

(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.

(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties...

(3) An order providing for visitation...[ meaning the complainant obtains custody]

(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence...

(6) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim...

(7) An order restraining the defendant from making any communication likely to cause annoyance or alarm...

(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members...

(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, any identification documents, a key, and other personal effects.

(10) An order awarding emergent monetary relief to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law...²

(11) An Order awarding temporary custody of a minor child. The court shall presume that the best interests of the child shall be served by an award of custody to the non- abusive parent.

(12) An Order requiring that a law enforcement officer accompany either party to the residence to supervise the removal of personal belongings.

(13) An Order granting any other appropriate relief for the plaintiff and minor children

(14) An Order that the defendant report to the intake office of the Family Part for monitoring

(15) An Order prohibiting the defendant from possessing any firearm or weapon

Caselaw protects victims. In Pepe v Pepe, 258 N.J. Super. 157 (Chan. Div. 1992) held that the confidentiality provision of record keeping under the Domestic Violence act applies to the records kept on file with the Clerk of the Superior Court.The court held that in determining whether or not a statutory imposed confidential record should be made public, the court must consider whether the release of the documents will be harmful to the victim, whether adverse publicity will be a factor and whether access to court records will discourage the victim from coming forward.Despite the substantial financial burden and life restrictions (often referred to as penalties), the burden of proof in a DOMESTIC VIOLENCE hearing is only ³by a preponderance of evidence.² Hopefully, parties will put best interests of children ahead of short term animosity. Financial limitations often limit the family ability to become involved in lengthy divorce and custody battles.

A DOMESTIC VIOLENCE complaint can be withdrawn. For additional information, speak with an attorney experienced in handling Domestic Violence matters. The following is the NJ Court Rule on Restraining Orders; Court Rule 5:7A. DOMESTIC VIOLENCE: RESTRAINING ORDERS (a) Application for Temporary Restraining Order except as provided in paragraph (b) herein, an applicant for a temporary restraining order shall appear before a judge personally to testify upon the record or by sworn complaint submitted pursuant to N.J.S.A. 2C:25-28. If it appears that the applicant is in danger of domestic violence, the judge shall, upon consideration of the applicant's domestic violence affidavit, complaint or testimony, order emergency relief including ex parte relief, in the nature of a temporary restraining order as authorized by N.J.S.A. 2C:25-17 et seq. (b) Issuance of Temporary Restraining Order by Electronic Communication. A judge may issue a temporary restraining order upon sworn oral testimony of an applicant who is not physically present. Such sworn oral testimony may be communicated to the judge by telephone, radio or other means of electronic communication. The judge or law enforcement officer assisting the applicant shall contemporaneously record such sworn oral testimony by means of a tape-recording device or stenographic machine if such are available; otherwise, adequate long hand notes summarizing what is said shall be made by the judge. Subsequent to taking the oath, the applicant must identify himself or herself, specify the purpose of the request and disclose the basis of the application. This sworn testimony shall be deemed to be an affidavit for the purposes of issuance of a temporary restraining order. A temporary restraining order may issue if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. Upon issuance of the temporary restraining order, the judge shall memorialize the specific terms of the order and shall direct the law enforcement officer assisting the applicant to enter the judge's authorization verbatim on a form, or other appropriate paper, designated the duplicate original temporary restraining order. This order shall be deemed a temporary restraining order for the purpose of N.J.S.A. 2C:25-28. The judge shall direct the law enforcement officer assisting applicant to print the judge's name on the temporary restraining order. The judge shall also contemporaneously record factual determinations. Contemporaneously the judge shall issue a written confirmatory order and shall enter thereon the exact time of issuance of the duplicate order. In all other respects, the method of issuance and contents of the order shall be that required by sub-section (a) of this rule. (c) Temporary Restraining Order. In court proceedings instituted under the Prevention of Domestic Violence Act of 1990, the judge shall issue a temporary restraining order when the applicant appears to be in danger of domestic violence. The order may be issued ex parte when necessary to protect the life, health, or well-being of a victim on whose behalf the relief is sought. (d) Final Restraining Order. A final order restraining a defendant shall be issued only on a specific finding of domestic violence or on a stipulation by a defendant to the commission of an act or acts of domestic violence as defined by the statute. (e) Procedure Upon Arrest Without a Warrant. Whenever a law enforcement officer has effected an arrest without a warrant on a criminal complaint brought for a violation otherwise defined as an offense under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., bail may be set and a complaint-warrant may be issued pursuant to the procedures prescribed in R 3:4-1(b). (f) Venue in Domestic Violence Proceedings. Venue in domestic violence actions shall be laid in the county where either of the parties resides, in the county where the domestic violence offense took place, or in the county where the victim of domestic violence is sheltered. If the action is not brought in a county of residence, venue shall be transferred to a county of residence for the final hearing unless the court orders the matter retained in the county where the complaint is filed for good cause shown. The following is the NJ Statute on Restraining Orders and Domestic Violence Matters 2C:25-17. Short title 1. This act shall be known and may be cited as the "Prevention of Domestic Violence Act of 1991." 2C:25-18. Findings, declarations 2. The Legislature finds and declares that domestic violence is a serious crime against society; that there are thousands of persons in this State who are regularly beaten, tortured and in some cases even killed by their spouses or cohabitants; that a significant number of women who are assaulted are pregnant; that victims of domestic violence come from all social and economic backgrounds and ethnic groups; that there is a positive correlation between spousal abuse and child abuse; and that children, even when they are not themselves physically assaulted, suffer deep and lasting emotional effects from exposure to domestic violence. It is therefore, the intent of the Legislature to assure the victims of domestic violence the maximum protection from abuse the law can provide. The Legislature further finds and declares that the health and welfare of some of its most vulnerable citizens, the elderly and disabled, are at risk because of incidents of reported and unreported domestic violence, abuse and neglect which are known to include acts which victimize the elderly and disabled emotionally, psychologically, physically and financially; because of age, disabilities or infirmities, this group of citizens frequently must rely on the aid and support of others; while the institutionalized elderly are protected under P.L. 1977, c.239 (C. 52:27G-1 et seq.), elderly and disabled adults in non institutionalized or community settings may find themselves victimized by family members or others upon whom they feel compelled to depend. The Legislature further finds and declares that violence against the elderly and disabled, including criminal neglect of the elderly and disabled under section 1 of P.L. 1989, c.23 (C. 2C:24-8), must be recognized and addressed on an equal basis as violence against spouses and children in order to fulfill our responsibility as a society to protect those who are less able to protect themselves. The Legislature further finds and declares that even though many of the existing criminal statutes are applicable to acts of domestic violence, previous societal attitudes concerning domestic violence have affected the response of our law enforcement and judicial systems, resulting in these acts receiving different treatment from similar crimes when they occur in a domestic context. The Legislature finds that battered adults presently experience substantial difficulty in gaining access to protection from the judicial system, particularly due to that system's inability to generate a prompt response in an emergency situation. It is the intent of the Legislature to stress that the primary duty of a law enforcement officer when responding to a domestic violence call is to enforce the laws allegedly violated and to protect the victim. Further, it is the responsibility of the courts to protect victims of violence that occurs in a family or family-like setting by providing access to both emergent and long-term civil and criminal remedies and sanctions, and by ordering those remedies and sanctions that are available to assure the safety of the victims and the public. To that end, the Legislature encourages the training of all police and judicial personnel in the procedures and enforcement of this act, and about the social and psychological context in which domestic violence occurs; and it further encourages the broad application of the remedies available under this act in the civil and criminal courts of this State. It is further intended that the official response to domestic violence shall communicate the attitude that violent behavior will not be excused or tolerated, and shall make clear the fact that the existing criminal laws and civil remedies created under this act will be enforced without regard to the fact that the violence grows out of a domestic situation. 2C:25-21.1 Rules, regulations concerning weapons prohibitions and domestic violence. The Attorney General may adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c.410 (C. 52:14B-1 et seq.), rules and regulations necessary and appropriate to implement this act.

2C:25-22. Immunity from civil liability A law enforcement officer or a member of a domestic crisis team or any person who, in good faith, reports a possible incident of domestic violence to the police shall not be held liable in any civil action brought by any party for an arrest based on probable cause, enforcement in good faith of a court order, or any other act or omission in good faith under this act.

2C:25-23. Dissemination of notice to victim of domestic violence 7. A law enforcement officer shall disseminate and explain to the victim the following notice, which shall be written in both English and Spanish: "You have the right to go to court to get an order called a temporary restraining order, also called a TRO, which may protect you from more abuse by your attacker. The officer who handed you this card can tell you how to get a TRO. The kinds of things a judge can order in a TRO may include: (1) That your attacker is temporarily forbidden from entering the home you live in;

(2) That your attacker is temporarily forbidden from having contact with you or your relatives;

(3) That your attacker is temporarily forbidden from bothering you at work;

(4) That your attacker has to pay temporary child support or support for you;

(5) That you be given temporary custody of your children;

(6) That your attacker pay you back any money you have to spend for medical treatment or repairs because of the violence. There are other things the court can order, and the court clerk will explain the procedure to you and will help you fill out the papers for a TRO.

You also have the right to file a criminal complaint against your attacker. The police officer who gave you this paper will tell you how to file a criminal complaint. On weekends, holidays and other times when the courts are closed, you still have a right to get a TRO. The police officer who gave you this paper can help you get in touch with a judge who can give you a TRO." 2C:25-24 Domestic violence offense reports. 8.

a. It shall be the duty of a law enforcement officer who responds to a domestic violence call to complete a domestic violence offense report. All information contained in the domestic violence offense report shall be forwarded to the appropriate county bureau of identification and to the State bureau of records and identification in the Division of State Police in the Department of Law and Public Safety. A copy of the domestic violence offense report shall be forwarded to the municipal court where the offense was committed unless the case has been transferred to the Superior Court. b. The domestic violence offense report shall be on a form prescribed by the supervisor of the State bureau of records and identification which shall include, but not be limited to, the following information:

(1)The relationship of the parties;

(2)The sex of the parties;

(3)The time and date of the incident;

(4)The number of domestic violence calls investigated;

(5)Whether children were involved, or whether the alleged act of domestic violence had been committed in the presence of children;

(6)The type and extent of abuse;

(7)The number and type of weapons involved;

(8)The action taken by the law enforcement officer;

(9)The existence of any prior court orders issued pursuant to this act concerning the parties;

(10) The number of domestic violence calls alleging a violation of a domestic violence restraining order;

(11) The number of arrests for a violation of a domestic violence order; and

(12) Any other data that may be necessary for a complete analysis of all circumstances leading to the alleged incident of domestic violence. c. It shall be the duty of the Superintendent of the State Police with the assistance of the Division of Systems and Communications in the Department of Law and Public Safety to compile and report annually to the Governor, the Legislature and the Advisory Council on Domestic Violence on the tabulated data from the domestic violence offense reports, classified by county 2C:25-25. Criminal complaints; proceedings 9. The court in a criminal complaint arising from a domestic violence incident: a. Shall not dismiss any charge or delay disposition of a case because of concurrent dissolution of a marriage, other civil proceedings, or because the victim has left the residence to avoid further incidents of domestic violence; b. Shall not require proof that either party is seeking a dissolution of a marriage prior to institution of criminal proceedings; c. Shall waive any requirement that the victim's location be disclosed to any person.

2C:25-26 Release of defendant before trial; conditions. 10. a. When a defendant charged with a crime or offense involving domestic violence is released from custody before trial on bail or personal recognizance, the court authorizing the release may as a condition of release issue an order prohibiting the defendant from having any contact with the victim including, but not limited to, restraining the defendant from entering the victim's residence, place of employment or business, or school, and from harassing or stalking the victim or victim's relatives in any way. The court may enter an order prohibiting the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S. 2C:39-1 and ordering the search for and seizure of any such weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order. b. The written court order releasing the defendant shall contain the court's directives specifically restricting the defendant's ability to have contact with the victim or the victim's friends, co-workers or relatives. The clerk of the court or other person designated by the court shall provide a copy of this order to the victim forthwith. c. The victim's location shall remain confidential and shall not appear on any documents or records to which the defendant has access. d. Before bail is set, the defendant's prior record shall be considered by the court. The court shall also conduct a search of the domestic violence central registry. Bail shall be set as soon as it is feasible, but in all cases within 24 hours of arrest. e. Once bail is set it shall not be reduced without prior notice to the county prosecutor and the victim. Bail shall not be reduced by a judge other than the judge who originally ordered bail, unless the reasons for the amount of the original bail are available to the judge who reduces the bail and are set forth in the record. f. A victim shall not be prohibited from applying for, and a court shall not be prohibited from issuing, temporary restraints pursuant to this act because the victim has charged any person with commission of a criminal act.

2C:25-26.1. Notification of victim of release of defendant 1. Notwithstanding any other provision of law to the contrary, whenever a defendant charged with a crime or an offense involving domestic violence is released from custody the prosecuting agency shall notify the victim.

2C:25-27 Conditions of sentencing of defendant found guilty of domestic violence. 11. When a defendant is found guilty of a crime or offense involving domestic violence and a condition of sentence restricts the defendant's ability to have contact with the victim, that condition shall be recorded in an order of the court and a written copy of that order shall be provided to the victim by the clerk of the court or other person designated by the court. In addition to restricting a defendant's ability to have contact with the victim, the court may require the defendant to receive professional counseling from either a private source or a source appointed by the court, and if the court so orders, the court shall require the defendant to provide documentation of attendance at the professional counseling. In any case where the court order contains a requirement that the defendant receive professional counseling, no application by the defendant to dissolve the restraining order shall be granted unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.

2C:25-28 Filing complaint alleging domestic violence in Family Part; proceedings. 12. a. A victim may file a complaint alleging the commission of an act of domestic violence with the Family Part of the Chancery Division of the Superior Court in conformity with the Rules of Court. The court shall not dismiss any complaint or delay disposition of a case because the victim has left the residence to avoid further incidents of domestic violence. Filing a complaint pursuant to this section shall not prevent the filing of a criminal complaint for the same act. On weekends, holidays and other times when the court is closed, a victim may file a complaint before a judge of the Family Part of the Chancery Division of the Superior Court or a municipal court judge who shall be assigned to accept complaints and issue emergency, ex parte relief in the form of temporary restraining orders pursuant to this act. A plaintiff may apply for relief under this section in a court having jurisdiction over the place where the alleged act of domestic violence occurred, where the defendant resides, or where the plaintiff resides or is sheltered, and the court shall follow the same procedures applicable to other emergency applications. Criminal complaints filed pursuant to this act shall be investigated and prosecuted in the jurisdiction where the offense is alleged to have occurred. Contempt complaints filed pursuant to N.J.S. 2C:29-9 shall be prosecuted in the county where the contempt is alleged to have been committed and a copy of the contempt complaint shall be forwarded to the court that issued the order alleged to have been violated. b. The court shall waive any requirement that the petitioner's place of residence appear on the complaint. c. The clerk of the court, or other person designated by the court, shall assist the parties in completing any forms necessary for the filing of a summons, complaint, answer or other pleading. d. Summons and complaint forms shall be readily available at the clerk's office, at the municipal courts and at municipal and State police stations. e. As soon as the domestic violence complaint is filed, both the victim and the abuser shall be advised of any programs or services available for advice and counseling. f. A plaintiff may seek emergency, ex parte relief in the nature of a temporary restraining order. A municipal court judge or a judge of the Family Part of the Chancery Division of the Superior Court may enter an ex parte order when necessary to protect the life, health or well-being of a victim on whose behalf the relief is sought. g. If it appears that the plaintiff is in danger of domestic violence, the judge shall, upon consideration of the plaintiff's domestic violence complaint, order emergency ex parte relief, in the nature of a temporary restraining order. A decision shall be made by the judge regarding the emergency relief forthwith. h. A judge may issue a temporary restraining order upon sworn testimony or complaint of an applicant who is not physically present, pursuant to court rules, or by a person who represents a person who is physically or mentally incapable of filing personally. A temporary restraining order may be issued if the judge is satisfied that exigent circumstances exist sufficient to excuse the failure of the applicant to appear personally and that sufficient grounds for granting the application have been shown. i. An order for emergency, ex parte relief shall be granted upon good cause shown and shall remain in effect until a judge of the Family Part issues a further order. Any temporary order hereunder is immediately appealable for a plenary hearing de novo not on the record before any judge of the Family Part of the county in which the plaintiff resides or is sheltered if that judge issued the temporary order or has access to the reasons for the issuance of the temporary order and sets forth in the record the reasons for the modification or dissolution. The denial of a temporary restraining order by a municipal court judge and subsequent administrative dismissal of the complaint shall not bar the victim from refiling a complaint in the Family Part based on the same incident and receiving an emergency, ex parte hearing de novo not on the record before a Family Part judge, and every denial of relief by a municipal court judge shall so state. j. Emergency relief may include forbidding the defendant from returning to the scene of the domestic violence, forbidding the defendant from possessing any firearm or other weapon enumerated in subsection r. of N.J.S. 2C:39-1, ordering the search for and seizure of any such weapon at any location where the judge has reasonable cause to believe the weapon is located and the seizure of any firearms purchaser identification card or permit to purchase a handgun issued to the defendant and any other appropriate relief. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order. The provisions of this subsection prohibiting a defendant from possessing a firearm or other weapon shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty. k. The judge may permit the defendant to return to the scene of the domestic violence to pick up personal belongings and effects but shall, in the order granting relief, restrict the time and duration of such permission and provide for police supervision of such visit. l. An order granting emergency relief, together with the complaint or complaints, shall immediately be forwarded to the appropriate law enforcement agency for service on the defendant, and to the police of the municipality in which the plaintiff resides or is sheltered, and shall immediately be served upon the defendant by the police, except that an order issued during regular court hours may be forwarded to the sheriff for immediate service upon the defendant in accordance with the Rules of Court. If personal service cannot be effected upon the defendant, the court may order other appropriate substituted service. At no time shall the plaintiff be asked or required to serve any order on the defendant. m.(Deleted by amendment, P.L. 1994, c.94.) n. Notice of temporary restraining orders issued pursuant to this section shall be sent by the clerk of the court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency or court. o.(Deleted by amendment, P.L. 1994, c.94.) p. Any temporary or permanent restraining order issued pursuant to this act shall be in effect throughout the State, and shall be enforced by all law enforcement officers. q. Prior to the issuance of any temporary or permanent restraining order issued pursuant to this section, the court shall order that a search be made of the domestic violence central registry with regard to the defendant's record.

2C:25-28.1. In-house restraining order prohibited 2. Notwithstanding any provision of P.L. 1991, c.261 (C. 2C:25-17 et seq.) to the contrary, no order issued by the Family Part of the Chancery Division of the Superior Court pursuant to section 12 or section 13 of P.L. 1991, c.261 (C. 2C:25-28 or 2C:25-29) regarding emergency, temporary or final relief shall include an in-house restraining order which permits the victim and the defendant to occupy the same premises but limits the defendant's use of that premises.

2C:25-29 Hearing procedure; relief. 13. a. A hearing shall be held in the Family Part of the Chancery Division of the Superior Court within 10 days of the filing of a complaint pursuant to section 12 of P.L. 1991, c.261 (C. 2C:25-28) in the county where the ex parte restraints were ordered, unless good cause is shown for the hearing to be held elsewhere. A copy of the complaint shall be served on the defendant in conformity with the Rules of Court. If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under P.L. 1981, c.426 (C. 2C:25-1 et seq.) or P.L. 1991, c.261 (C. 2C:25-17 et seq.) has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant, other than domestic violence contempt matters and where it would otherwise be admissible hearsay under the rules of evidence that govern where a party is unavailable. At the hearing the standard for proving the allegations in the complaint shall be by a preponderance of the evidence. The court shall consider but not be limited to the following factors:

(1)The previous history of domestic violence between the plaintiff and defendant, including threats, harassment and physical abuse;

(2)The existence of immediate danger to person or property;

(3)The financial circumstances of the plaintiff and defendant;

(4)The best interests of the victim and any child;

(5)In determining custody and parenting time the protection of the victim's safety; and

(6)The existence of a verifiable order of protection from another jurisdiction. An order issued under this act shall only restrain or provide damages payable from a person against whom a complaint has been filed under this act and only after a finding or an admission is made that an act of domestic violence was committed by that person. The issue of whether or not a violation of this act occurred, including an act of contempt under this act, shall not be subject to mediation or negotiation in any form. In addition, where a temporary or final order has been issued pursuant to this act, no party shall be ordered to participate in mediation on the issue of custody or parenting time.

b. In proceedings in which complaints for restraining orders have been filed, the court shall grant any relief necessary to prevent further abuse. In addition to any other provisions, any restraining order issued by the court shall bar the defendant from purchasing, owning, possessing or controlling a firearm and from receiving or retaining a firearms purchaser identification card or permit to purchase a handgun pursuant to N.J.S. 2C:58-3 during the period in which the restraining order is in effect or two years whichever is greater, except that this provision shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty. At the hearing the judge of the Family Part of the Chancery Division of the Superior Court may issue an order granting any or all of the following relief:

(1) An order restraining the defendant from subjecting the victim to domestic violence, as defined in this act.

(2) An order granting exclusive possession to the plaintiff of the residence or household regardless of whether the residence or household is jointly or solely owned by the parties or jointly or solely leased by the parties. This order shall not in any manner affect title or interest to any real property held by either party or both jointly. If it is not possible for the victim to remain in the residence, the court may order the defendant to pay the victim's rent at a residence other than the one previously shared by the parties if the defendant is found to have a duty to support the victim and the victim requires alternative housing.

(3) An order providing for parenting time. The order shall protect the safety and well-being of the plaintiff and minor children and shall specify the place and frequency of parenting time. Parenting time arrangements shall not compromise any other remedy provided by the court by requiring or encouraging contact between the plaintiff and defendant. Orders for parenting time may include a designation of a place of parenting time away from the plaintiff, the participation of a third party, or supervised parenting time. (a) The court shall consider a request by a custodial parent who has been subjected to domestic violence by a person with parenting time rights to a child in the parent's custody for an investigation or evaluation by the appropriate agency to assess the risk of harm to the child prior to the entry of a parenting time order. Any denial of such a request must be on the record and shall only be made if the judge finds the request to be arbitrary or capricious. (b) The court shall consider suspension of the parenting time order and hold an emergency hearing upon an application made by the plaintiff certifying under oath that the defendant's access to the child pursuant to the parenting time order has threatened the safety and well-being of the child.

(4) An order requiring the defendant to pay to the victim monetary compensation for losses suffered as a direct result of the act of domestic violence. The order may require the defendant to pay the victim directly, to reimburse the Victims of Crime Compensation Board for any and all compensation paid by the Victims of Crime Compensation Board directly to or on behalf of the victim, and may require that the defendant reimburse any parties that may have compensated the victim, as the court may determine. Compensatory losses shall include, but not be limited to, loss of earnings or other support, including child or spousal support, out-of-pocket losses for injuries sustained, cost of repair or replacement of real or personal property damaged or destroyed or taken by the defendant, cost of counseling for the victim, moving or other travel expenses, reasonable attorney's fees, court costs, and compensation for pain and suffering. Where appropriate, punitive damages may be awarded in addition to compensatory damages.

(5) An order requiring the defendant to receive professional domestic violence counseling from either a private source or a source appointed by the court and, in that event, requiring the defendant to provide the court at specified intervals with documentation of attendance at the professional counseling. The court may order the defendant to pay for the professional counseling. No application by the defendant to dissolve a final order which contains a requirement for attendance at professional counseling pursuant to this paragraph shall be granted by the court unless, in addition to any other provisions required by law or conditions ordered by the court, the defendant has completed all required attendance at such counseling.

(6) An order restraining the defendant from entering the residence, property, school, or place of employment of the victim or of other family or household members of the victim and requiring the defendant to stay away from any specified place that is named in the order and is frequented regularly by the victim or other family or household members.

(7) An order restraining the defendant from making contact with the plaintiff or others, including an order forbidding the defendant from personally or through an agent initiating any communication likely to cause annoyance or alarm including, but not limited to, personal, written, or telephone contact with the victim or other family members, or their employers, employees, or fellow workers, or others with whom communication would be likely to cause annoyance or alarm to the victim.

(8) An order requiring that the defendant make or continue to make rent or mortgage payments on the residence occupied by the victim if the defendant is found to have a duty to support the victim or other dependent household members; provided that this issue has not been resolved or is not being litigated between the parties in another action.

(9) An order granting either party temporary possession of specified personal property, such as an automobile, checkbook, documentation of health insurance, an identification document, a key, and other personal effects.

(10) An order awarding emergency monetary relief, including emergency support for minor children, to the victim and other dependents, if any. An ongoing obligation of support shall be determined at a later date pursuant to applicable law.

(11) An order awarding temporary custody of a minor child. The court shall presume that the best interests of the child are served by an award of custody to the non-abusive parent.

(12) An order requiring that a law enforcement officer accompany either party to the residence or any shared business premises to supervise the removal of personal belongings in order to ensure the personal safety of the plaintiff when a restraining order has been issued. This order shall be restricted in duration.

(13) (Deleted by amendment, P.L. 1995, c.242).

(14) An order granting any other appropriate relief for the plaintiff and dependent children, provided that the plaintiff consents to such relief, including relief requested by the plaintiff at the final hearing, whether or not the plaintiff requested such relief at the time of the granting of the initial emergency order.

(15) An order that requires that the defendant report to the intake unit of the Family Part of the Chancery Division of the Superior Court for monitoring of any other provision of the order.

(16) In addition to the order required by this subsection prohibiting the defendant from possessing any firearm, the court may also issue an order prohibiting the defendant from possessing any other weapon enumerated in subsection r. of N.J.S. 2C:39-1 and ordering the search for and seizure of any firearm or other weapon at any location where the judge has reasonable cause to believe the weapon is located. The judge shall state with specificity the reasons for and scope of the search and seizure authorized by the order.

(17) An order prohibiting the defendant from stalking or following, or threatening to harm, to stalk or to follow, the complainant or any other person named in the order in a manner that, taken in the context of past actions of the defendant, would put the complainant in reasonable fear that the defendant would cause the death or injury of the complainant or any other person. Behavior prohibited under this act includes, but is not limited to, behavior prohibited under the provisions of P.L. 1992, c.209 (C. 2C:12-10).

(18) An order requiring the defendant to undergo a psychiatric evaluation. c. Notice of orders issued pursuant to this section shall be sent by the clerk of the Family Part of the Chancery Division of the Superior Court or other person designated by the court to the appropriate chiefs of police, members of the State Police and any other appropriate law enforcement agency. d. Upon good cause shown, any final order may be dissolved or modified upon application to the Family Part of the Chancery Division of the Superior Court, but only if the judge who dissolves or modifies the order is the same judge who entered the order, or has available a complete record of the hearing or hearings on which the order was based. e. Prior to the issuance of any order pursuant to this section, the court shall order that a search be made of the domestic violence central registry. 2C:25-29.1 Civil penalty for certain domestic violence offenders. 1. In addition to any other disposition, any person found by the court in a final hearing pursuant to section 13 of P.L. 1991, c.261 (C. 2C:25-29) to have committed an act of domestic violence shall be ordered by the court to pay a civil penalty of at least $50, but not to exceed $500. In imposing this civil penalty, the court shall take into consideration the nature and degree of injury suffered by the victim. The court may waive the penalty in cases of extreme financial hardship. 2C:25-29.2 Collection, distribution of civil penalties collected. 2. All civil penalties imposed pursuant to section 1 of P.L. 2001, c.195 (C. 2C:25-29.1) shall be collected as provided by the Rules of Court. All moneys collected shall be forwarded to the Domestic Violence Victims' Fund established pursuant to section 3 of P.L. 2001, c.195 (C.30:14-15). 2C:25-29.3 Rules of Court. 4. The Supreme Court may promulgate Rules of Court to effectuate the purposes of this act. 2C:25-29.4 Surcharge for domestic violence offender to fund grants. 50. In addition to any other penalty, fine or charge imposed pursuant to law, a person convicted of an act of domestic violence, as that term is defined by subsection a. of section 3 of P.L. 1991, c.261 (C. 2C:25-19), shall be subject to a surcharge in the amount of $100 payable to the Treasurer of the State of New Jersey for use by the Department of Human Services to fund grants for domestic violence prevention, training and assessment.

2C:25-30. Violations, penalties 14. Except as provided below, a violation by the defendant of an order issued pursuant to this act shall constitute an offense under subsection b. of N.J.S. 2C:29-9 and each order shall so state. All contempt proceedings conducted pursuant to N.J.S. 2C:29-9 involving domestic violence orders, other than those constituting indictable offenses, shall be heard by the Family Part of the Chancery Division of the Superior Court. All contempt proceedings brought pursuant to P.L. 1991, c.261 (C. 2C:25-17 et seq.) shall be subject to any rules or guidelines established by the Supreme Court to guarantee the prompt disposition of criminal matters. Additionally, and notwithstanding the term of imprisonment provided in N.J.S. 2C:43-8, any person convicted of a second or subsequent non indictable domestic violence contempt offense shall serve a minimum term of not less than 30 days. Orders entered pursuant to paragraphs (3), (4), (5), (8) and (9) of subsection b. of section 13 of this act shall be excluded from enforcement under subsection b. of N.J.S. 2C:29-9; however, violations of these orders may be enforced in a civil or criminal action initiated by the plaintiff or by the court, on its own motion, pursuant to applicable court rules.

2C:25-31 Contempt, law enforcement procedures. 15. Where a law enforcement officer finds that there is probable cause that a defendant has committed contempt of an order entered pursuant to the provisions of P.L. 1981, c.426 (C. 2C:25-1 et seq.) or P.L. 1991, c.261 (C. 2C:25-17 et seq.), the defendant shall be arrested and taken into custody by a law enforcement officer. The law enforcement officer shall follow these procedures: The law enforcement officer shall transport the defendant to the police station or such other place as the law enforcement officer shall determine is proper. The law enforcement officer shall: a. Conduct a search of the domestic violence central registry and sign a complaint concerning the incident which gave rise to the contempt charge; b. Telephone or communicate in person or by facsimile with the appropriate judge assigned pursuant to this act and request bail be set on the contempt charge; c. If the defendant is unable to meet the bail set, take the necessary steps to insure that the defendant shall be incarcerated at police headquarters or at the county jail; and d. During regular court hours, the defendant shall have bail set by a Superior Court judge that day. On weekends, holidays and other times when the court is closed, the officer shall arrange to have the clerk of the Family Part notified on the next working day of the new complaint, the amount of bail, the defendant's whereabouts and all other necessary details. In addition, if a municipal court judge set the bail, the arresting officer shall notify the clerk of that municipal court of this information.

2C:25-32. Alleged contempt, complainant's procedure 16. Where a person alleges that a defendant has committed contempt of an order entered pursuant to the provisions of P.L. 1981, c.426 (C. 2C:25-1 et seq.) or P.L. 1991, c.261, but where a law enforcement officer has found that there is not probable cause sufficient to arrest the defendant, the law enforcement officer shall advise the complainant of the procedure for completing and signing a criminal complaint alleging a violation of N.J.S. 2C:29-9. During regular court hours, the assistance of the clerk of the Family Part of the Chancery Division of the Superior Court shall be made available to such complainants. Nothing in this section shall be construed to prevent the court from granting any other emergency relief it deems necessary.

2C:25-33 Records of applications for relief; reports; confidentiality; forms. 17. a. The Administrative Office of the Courts shall, with the assistance of the Attorney General and the county prosecutors, maintain a uniform record of all applications for relief pursuant to sections 9, 10, 11, 12, and 13 of P.L. 1991, c.261 (C. 2C:25-25, C. 2C:25-26, C. 2C:25-27, C. 2C:25-28, and C. 2C:25-29). The record shall include the following information: (1)The number of criminal and civil complaints filed in all municipal courts and the Superior Court; (2)The sex of the parties; (3)The relationship of the parties; (4)The relief sought or the offense charged, or both; (5)The nature of the relief granted or penalty imposed, or both, including, but not limited to, the following: (a)custody; (b)child support; (c)the specific restraints ordered; (d)any requirements or conditions imposed pursuant to paragraphs (1) through (18) of subsection b. of section 13 of P.L. 1991, c.261 (C. 2C:25-29), including but not limited to professional counseling or psychiatric evaluations; (6)The effective date of each order issued; and (7)In the case of a civil action in which no permanent restraints are entered, or in the case of a criminal matter that does not proceed to trial, the reason or reasons for the disposition. It shall be the duty of the Director of the Administrative Office of the Courts to compile and report annually to the Governor, the Legislature and the Advisory Council on Domestic Violence on the data tabulated from the records of these orders. All records maintained pursuant to this act shall be confidential and shall not be made available to any individual or institution except as otherwise provided by law. b. In addition to the provisions of subsection a. of this section, the Administrative Office of the Courts shall, with the assistance of the Attorney General and the county prosecutors, create and maintain uniform forms to record sentencing, bail conditions and dismissals. The forms shall be used by the Superior Court and by every municipal court to record any order in a case brought pursuant to this act. Such recording shall include but not be limited to, the specific restraints ordered, any requirements or conditions imposed on the defendant, and any conditions of bail.

2C:25-34 Domestic violence restraining orders, central registry. 1. The Administrative Office of the Courts shall establish and maintain a central registry of all persons who have had domestic violence restraining orders entered against them, all persons who have been charged with a crime or offense involving domestic violence, and all persons who have been charged with a violation of a court order involving domestic violence. All records made pursuant to this section shall be kept confidential and shall be released only to: a. A public agency authorized to investigate a report of domestic violence; b. A police or other law enforcement agency investigating a report of domestic violence, or conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer or for any other purpose authorized by law or the Supreme Court of the State of New Jersey; c. A court, upon its finding that access to such records may be necessary for determination of an issue before the court; or d. A surrogate, in that person's official capacity as deputy clerk of the Superior Court, in order to prepare documents that may be necessary for a court to determine an issue in an adoption proceeding. Any individual, agency, surrogate or court which receives from the Administrative Office of the Courts the records referred to in this section shall keep such records and reports, or parts thereof, confidential and shall not disseminate or disclose such records and reports, or parts thereof; provided that nothing in this section shall prohibit a receiving individual, agency, surrogate or court from disclosing records and reports, or parts thereof, in a manner consistent with and in furtherance of the purpose for which the records and reports or parts thereof were received. Any individual who disseminates or discloses a record or report, or parts thereof, of the central registry, for a purpose other than investigating a report of domestic violence, conducting a background investigation involving a person's application for a firearm permit or employment as a police or law enforcement officer, making a determination of an issue before the court, or for any other purpose other than that which is authorized by law or the Supreme Court of the State of New Jersey, shall be guilty of a crime of the fourth degree.

2C:25-35 Rules of Court concerning central registry for domestic violence. 7. The Supreme Court of New Jersey may adopt Rules of Court appropriate or necessary to effectuate the purposes of this act.

PORTIONS OF THIS ARTICLE WERE PUBLISHED BY MR. VERCAMMEN IN THE NEW JERSEY LAWYER, THE STATE'S LARGEST LEGAL PUBLICATION. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030



Consequences of a Criminal Guilty Plea

1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)

2. Do you understand that if you plead guilty:

a. You will have a criminal record

b. You may go to Jail or Prison.

c. You will have to pay Fines and Court Costs.

3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.

4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.

5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.

6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.

7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.

8. You must wait 5-10 years to expunge a first offense. 2C:52-3

9. You could be put on Probation.

10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.

11. You may be required to do Community Service.

12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.

13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.

14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.

15. You lose the presumption against incarceration in future cases. 2C:44-1

16. You may lose your right to vote.

The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.

Jail for Crimes and Disorderly Conduct:

If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.

NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;

(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;

(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;

(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.

2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:

a. (1) $200,000.00 when the conviction is of a crime of the first degree;

(2) $150,000.00 when the conviction is of a crime of the second degree;

b. (1) $15,000.00 when the conviction is of a crime of the third degree;

(2) $10,000.00 when the conviction is of a crime of the fourth degree;

c. $1,000.00, when the conviction is of a disorderly persons offense;

d. $500.00, when the conviction is of a petty disorderly persons offense;

If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500