- DivorceWhen you work with the team at Pellettieri Rabstein & Altman, you can count on us to help you through your family law or divorce mediation by...
- Child SupportIt is not uncommon for one or both parties involved in a divorce, child support, custody, or another family-related legal matter to walk away unsatisfied with a court’s decision. When that happens, one or both parties might choose to file an appeal to ask a higher court for a second opinion.
- Child Custody and VisitationAre you in the process of separating from your partner? If you have children in common, reaching a fair child custody agreement is one of the most critical issues you will face. An appropriate custody arrangement is essential for preserving your child’s quality of life while you embark on a new path.
- AdoptionIn 1997, New Jersey became the first state to permit same-sex couples to adopt jointly on the same basis as married straight couples. Some LGBTQ partners adopt to start families, while others obtain second-parent or stepparent adoptions, in which one partner files a petition to adopt the other partner’s legal child or children.
- Premarital AgreementAre you planning to get married in New Jersey? If so, you might be considering whether a prenuptial agreement or “prenup” is right for you and your fiancé(e). While no one gets married expecting to get divorced someday, the reality is that some marriages end. As a precaution, it might be better to make decisions about things like property division and how to deal with debt in the event of divorce while you are getting along.
- Spousal SupportThe duration of a legally valid, same-sex marriage is also an important factor in determining spousal support or alimony in an LGBTQ divorce case. Judges consider many elements, including the length of the relationship, before they issue alimony orders, so it is often difficult for same-sex divorcé(e)s to obtain full and fair support. Our family lawyers serving the Princeton area and statewide can help you identify and present sound evidence as proof of the duration of your relationship in a same-sex dissolution case.
- Legal SeparationSeparation – Legal separation occurs when spouses or partners stop living together in the same home for at least 18 consecutive months, and there is no reasonable possibility of reconciliation.
- AnnulmentAn annulment is different from a divorce judgment. An annulment effectively declares that a valid marriage never took place. To obtain an annulment in New Jersey, you will need help from a family law attorney to prove that the marriage was void due to bigamy, incest, fraud, or other legally cognizable reasons.
- Child Abuse
- DUI/DWIEvery year, hundreds of people are killed, and thousands more are injured in drunk driving accidents across New Jersey. These collisions can leave victims with painful injuries, deep psychological scars, exorbitant medical bills, and lengthy absences from work.
- Traffic ViolationsThe other party breached their responsibility in some way. This element can be more difficult to prove, especially if no witnesses saw the collision. You must demonstrate that the motorist failed in their safe-driving duties in some way, whether by speeding, failing to yield, or something else.
- Sex CrimesUnfortunately, sexual abuse is an underreported crime in nursing homes. This fact is partially due to sexual abusers targeting cognitively impaired individuals who cannot communicate about the abuse. Sexual abuse is any form of unwanted sexual contact or contact that occurs with a person unable to consent. Rape, fondling, touching, forced nudity, taking sexually explicit photos or videos, and forcing a resident to watch explicit material are all common examples of sexual abuse.
- Robbery
- Burglary
- Theft
- MisdemeanorsIn New Jersey, disorderly persons offenses (including petty disorderly persons offenses) refer to a class of offenses heard in municipal court. In other states, disorderly persons offenses are sometimes called misdemeanor offenses. They have maximum penalties of six months in jail and a fine of up to $1,000. Other kinds of disorderly persons offenses not already mentioned above include harassment, resisting arrest, obstruction, lewdness, and disorderly conduct.
- EmbezzlementClaims of breach of fiduciary duty in estates & trusts litigation allege that an executor or administrator of an estate or a trustee of a trust acted in their interest rather than in the interest of the estate or trust or failed to carry out the intent of the testator and disregarded beneficiaries’ interests. Allegations of other wrongful acts on the part of an executor or trustee could include self-dealing, excessive fees, embezzlement, accounting irregularities, and commingling funds, for example. We defend executors and trustees against allegations of breach of fiduciary duty and other wrongful acts. In other circumstances, we bring cases on behalf of beneficiaries against executors and trustees who breach their duties.
- Drug CrimesOur firm can represent you when you face minor drug charges in municipal court, such as simple possession of drugs, possession of drugs in or near a school zone, or possession of drug paraphernalia. We will fight your charges by seeking to have evidence dismissed when you were stopped or searched by police if it violated your rights.
- AssaultThe NJ municipal court lawyers at Pellettieri Rabstein & Altman can advocate on your behalf when you are charged with minor violent offenses, such as simple assault or certain kinds of domestic violence offenses.
- Homicide
- ArsonNegligence often plays a role in fire-related accidents. For instance, motorists who fail to operate their vehicles in a safe manner may cause an accident that results in a fire, which leads to burn injuries. Employers who fail to implement safety regulations, provide workers with adequate safety training, and properly maintain their protective equipment may also be responsible for incidents that lead to burn injuries. Manufacturers that market and sell defective equipment and appliances, from unsafe motor vehicles to defective gas grills, could also cause burn injury accidents through their negligence.
- ShopliftingShoplifting can be charged for a wide range of activities, including taking merchandise from a store without paying retail value, concealing merchandise on one’s person with the intent to not pay for it, ringing up merchandise for less than its retail value without the retailer’s authorization, or changing the packaging or price tags for merchandise to pay less than its retail value. Depending on the value of the goods at issue, shoplifting is an offense heard in municipal court.
- Restraining OrderIf you believe you could be at risk when separating or moving away from an abusive individual, you can ask a New Jersey Superior Court Judge, Domestic Violence Hearing Officer, or Municipal Court Judge for a temporary restraining order (TRO). Courts typically grant TROs when emergency situations exist that otherwise might leave the applicant vulnerable to harm.
- Kidnapping
- ExtortionBased on the value of the property at issue, certain property offenses may be heard in municipal court, including larceny, receiving stolen property, theft by deception or extortion, theft of lost property, and damaging or destroying property using fire, explosives, or dangerous means. Municipal courts handle other property offenses, including loitering, vandalism, and trespassing.
- Business DisputesThe New Jersey commercial litigation lawyers at Pellettieri Rabstein & Altman can handle all your business disputes. For more than 40 years, our New Jersey commercial litigation attorneys have helped companies navigate all kinds of legal disputes and litigation. Our long history and skilled legal team give us the expertise and the resources to handle even the most complicated cases.
- Unfair CompetitionA business tort is a wrongful act committed by one business entity against another and may be addressed through a lawsuit. Business torts cover a wide range of disputes, from claims related to tortious interference with prospective economic advantage, unfair competition, and trade libel. The bottom line is if your business has been the victim of negligence, fraud, or intentional harm, you have the right to financial compensation for the harm that you’ve suffered. Our experienced commercial litigators are highly skilled trial attorneys who will aggressively fight for your rights. We are ready to pursue full compensation for your losses.
- Workers Compensation
- Wrongful TerminationAt Pellettieri Rabstein & Altman, our New Jersey labor and employment attorneys have been representing workers and labor unions, such as the Teamsters, Communications Workers of America, and Building Trades, including plumbers, pipefitters, and electricians, for nearly a century. In fact, this area of the law has always been a particular focus of the law firm. We have helped many labor unions, union members, civil service employees, and ordinary working people on all union and employment legal matters, such as contract negotiation, employment and severance agreements, workplace discrimination, wrongful termination, medical and family leave, arbitration, Taft-Hartley Benefit Fund consultation, NLRB and PERC hearings, disciplinary board hearings, and regulatory compliance.
- Employment ContractEmployees in New Jersey are protected by law from being wrongfully terminated. For example, it is illegal to fire someone based on sex, race, or certain other characteristics. It is also against the law to retaliate against employees who raise workplace safety concerns or fire workers in violation of their employment contracts.
- Employment LitigationWe are well known for (1) our long history of labor union and benefit fund representation. Benefit funds, also known as Taft Hartley Benefit Funds, are the pension, annuity and welfare funds that provide the retirement and health benefits for union members and their families; (2) representation of workers in complex employment litigation and (3) employment contract and severance negotiation. Our lawyers work tirelessly to achieve the best possible outcome for our clients, preferably through negotiation but, when necessary, through litigation.
- Severance AgreementEmployers must comply with labor laws, both at the state and federal levels. These laws govern minimum wages and overtime pay, employee benefits, severance agreements, and even what constitutes an employee. While most employers strive to follow these laws, others will bend or break the rules to pad their profits. If you believe that your employer has broken labor laws, consult one of our attorneys.
- Real Estate LitigationIf you are buying or leasing a property for your business, it is imperative to have a lawyer review any documents related to the transaction before you sign them. Furthermore, you may need the help of a lawyer if the owner is not meeting their obligations to maintain the property. On the other hand, landlords also have to make sure tenants honor the terms of a lease. If a business tenant is not paying rent or damaging your property, a New Jersey commercial litigation lawyer can help you enforce your rights and collect any money you are owed.
- Premises LiabilitySlip-and-fall cases fall under the umbrella of premises liability. “Slip and fall” is a common term to describe any premises liability claim in which a person loses their footing and falls because of unsafe conditions on someone else’s property. Some of the most common causes of slip-and-fall accidents include...
- Real Estate TransactionsI was very lucky to have two talented attorneys at Pellettieri Rabstein & Altman to assist me with a property partition lawsuit. The dynamic duo of Neal Solomon and Elyse Herman gave me excellent and thoughtful strategic counsel; were efficient, straightforward and responsive to my questions and concerns. I was impressed with their professional, prior knowledge to draw upon and helping me to succeed in my objectives without going to court. I would recommend this law firm and lawyers to anyone seeking legal advice, and in particular, this type of a real estate transaction. I would not hesitate to use them again if the need arose.
- Land Use and Zoning
- Property DamageIn a busy state like New Jersey, car accidents are an unfortunately common occurrence. The New Jersey Department of Transportation reports that the state witnessed an average of almost 58,000 injury collisions annually in one recent five-year span. The collective cost of these accidents is staggering in terms of lost income, medical bills, property damage, and pain and suffering.
- Personal InjuryWere you or your child hurt at a private, public, hotel, or amusement park pool in New Jersey? Was someone else’s negligence to blame for your injuries? If so, you can seek compensation from the property owner or other responsible party through a personal injury claim.
- Auto Accidents
- Social Security DisabilitySocial Security Disability Insurance (SSD or SSDI) is a federal program that provides financial benefits to disabled individuals who can no longer work. Although this program offers vital assistance to many people who need it, applying for SSD benefits can be intimidating and discouraging. Most first-time applications are denied, but many applicants can receive benefits on appeal. However, the appeals process is often challenging and fraught with bureaucratic delays.
- Dog BitesUnder many circumstances, New Jersey law imposes strict liability on dog owners for injuries caused when their dog bites or attacks someone. N.J.S.A. §4:19-16 states that a dog owner will be liable for damages suffered by a person bitten by a dog while the person is in a public place or lawfully in a private place. A dog owner is liable for injuries inflicted by their dog regardless of any negligence on their part, such as their failure to contain their dog on their property or to restrain the dog while out in public. A dog bite injury victim also does not need to prove that the dog owner knew about their dog’s aggressive or vicious tendencies or that their dog had previously attacked or bitten another person or animal.
- Slip and Fall InjurySlip-and-fall injuries can significantly limit a person’s mobility and potentially lead to lifelong complications. Some fall injuries can even jeopardize a person’s ability to return to work and earn a living.
- Estate PlanningEstate litigation may arise from issues that occur during probate, such as failing to gather all the assets that a decedent owned, procedural or legal obstacles to putting title to assets in the name of the estate, complaints about the expenses incurred in estate administration (such as hiring lawyers or accountants), or disputes over the estate accounting. Our lawyers are equipped to represent parties on either side of these disputes.
- WillsPellettieri Rabstein & Altman is known for handling some of the most complex estates & trusts litigation matters in New Jersey. That includes cases involving complex and lengthy wills and trust documents, unique legal complications that arise from drafting or enforcing a will or trust, and estates & trusts involving numerous parties with various relationships.
- TrustsDisputes over trusts and estates can be emotionally charged. You deserve a lawyer who can help you assert your legal rights and protect what’s rightfully yours, no matter how contentious things get.
- Power of AttorneyLegal disputes may also arise from powers of attorney, including litigation to determine the validity of a power of attorney, the scope of authority granted under a power of attorney, and whether an individual misused their authority under a power of attorney to benefit themselves or a third party at the expense of the principal.
- Probate
- Tax LawAlso known as living trusts, these legal devices are executed and take effect during the settlor’s lifetime and often continue after death. In addition to disputes over the trustee’s administration of the trust, litigation can also focus on other issues such as the settlor’s intent, effect of the trust in protecting assets from creditors, tax matters related to the trust, questions regarding the trust’s validity, proposed modifications to the trust, and much more. Our lawyers are skilled at handling issues that arise from inter vivos trust disputes. We are ready to represent the interests of any aggrieved party involved in a trust dispute.