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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26987
Experience:  Began practicing law in 1992
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Having Issues with DCP&P Harrassment and false alligations

Customer Question

Having Issues with DCP&P Harrassment and false alligations of domestic violence in New Jersey. Both parties are currently ordered to submit to a psychological evaluation, and shall be referred to Providence House. Must I use their services or can I just use a private psychologist that does these evaluations?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Does the court order specifically refer you to Providence House?

Customer :

Yes

JD 1992 :

If the court order makes a specific referral then that is who you have to use. However, you can file a Motion to Change Referral and ask the court to send you to someone else or just ask the court to allow you to pick someone and have the evaluation done by a certain date.

JD 1992 :

Usually a court will grant the request to use someone different.

Customer :

Should I independently seek an outside evaluation with out a motion to change and was there a limit to how long I can file this motion from the time of the court order?

JD 1992 :

Usually you want to ask the court as soon as possible to change an order and definitely in time to get the evaluation done by whatever deadline the court states.

JD 1992 :

The only reason to seek the evaluation before getting the order changed is if you may not want to use it for some reason.

Customer :

Don't trust DCP&P, they will use the evaluation to push for GEM couseling, fact finding had not even been established or proven. Wanted the case dissmissed but the judge who is a former prosecuter for the DCP&P unjustly ruled in the favor of the DCP&P without proven facts. I was neither the victim or perpetrator. I wasnt even interviewed. Should I just follow what they want.

JD 1992 :

Probably so. It is easier and cheaper just to go along. You can certainly fight if you want but that is expensive and drawn out.

JD 1992 :

Still there?

Customer :

Seems like its unjust without the facts being told...Will going to a outside anger management counseling or other counseling suggest guilt because Im mostly likely gonna get ordered to anyway? Or will that be a waste of money and time....Should I wait for them to order me too?

JD 1992 :

I don't think it suggests guilt. Do you have an attorney yet?

Customer :

Yes but I want to switch attorneys, don't feel he has represented me properly. I've learned he is unethical and doesnt call back.....gotten more answers here!!

JD 1992 :

If you're not comfortable with your attorney then you probably need to switch. You will want to talk to them about going to see someone for counseling because it depends on their trial strategy.

Customer :

Well everyone from lawyers to DCP&P are trying to play each party against each other, its not working...should I use a lawyer from another county that is not involved with DCP&P in my county?

JD 1992 :

You can but that usually ends up costing more. One of the strategies is to blame it on everyone else.

JD 1992 :

I've always found that these cases aren't terribly hard to win if the attorney is aggressive and pushes for a trial.

JD 1992 :

It's more expensive but not that hard unless the facts are just awful.

Customer :

If both parties are saying its an accident, why are they pushing domestic violence and couseling, feel like its all about earning their salaries and pensions. whats a motion for t30 dissmisal? Not sure if I got that right.

JD 1992 :

They get into a mindset of "we know best". That's all it really is. They decide what happened and then don't let the truth get in the way of their theory.

JD 1992 :

Anything else I can assist with today?

Customer :

yes ???

Customer :

I was also court ordered not to be at the residence I live at. Case Worker keeps calling asking for my address, I tell her to use my residence they have on file. Do I need to provide her with another address?

JD 1992 :

Yes, you do. If you don't then they will tell the court and they will note in your file that you are "uncooperative". However, they should really be calling your attorney and not you. When you hire your new attorney have them tell the workers that they are no allowed to contact you directly, everything needs to go through their office.

Customer :

But I dont have one... Can I use a po Box?

JD 1992 :

You should be able to but it depends on what they are wanting to use the address for. They may want to do home inspections, etc. If they just want it to send you mail then the PO Boxc should be fine.

Customer :

They are saying its for mail, I can't afford to establish a new residency.... Can they force me too?

JD 1992 :

No, not really. They can bar you from a residence but they can't really make you get another one.

Customer :

Interesting, they made me homeless....ok so I should tell them to talk with the lawyer I currently have up until I get a new one..

Customer :

Thanks you helped tremendously

JD 1992 :

Yes, direct them to the current lawyer right now.

JD 1992 :

I'm glad I could be of some assistance.

Customer :

thanks again

JD 1992 :

They count on being bullies to get their way so be sure and use your lawyer to stop that.

Customer :

they already scared friends and family away told everyone I was a dangerous man

JD 1992 :

Best wishes to you. I'm going to exit now so I can help others. If you want to ask for me on another question just start it with FOR JD 1992 and i will pick up as soon as I see it. I'm online almost every day for at least a few minutes.

JD 1992 :

They're bullies but just like with bullies they back down when confronted with someone tougher.

Customer :

ok thanks

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.

However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

JD 1992 :

Please don't forget to issue your Positive Rating!

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