Ademir Ramalho, a 64-year-old man from Roselle, NJ, recently pleaded guilty to a count of first degree aggravated manslaughter for the killing of his ex-wife, 51-year-old Lucia Emeliano of Elizabeth, NJ.
In July 2006, Ramalho allegedly began stalking Emiliano after learning that she had moved in with another man. This reportedly involved Ramalho following the victim to her job and to her new home. On July 13, 2006, Emiliano obtained a temporary restraining order against Ramalho. Just 10 days later, however, Ramalho violated the domestic violence restraining order by showing up at her house, pinning her between his car and her vehicle, stabbing her four times, and then driving over her. The entire violent incident was witnessed by neighbors.
In 2009, a jury convicted Ramalho of murder. In 2013, the NJ Appellate Division overturned the conviction due to issues with the jury instructions. After the proceedings were reopened at the trial level, Ramalho entered a guilty plea to charges of aggravated manslaughter.
This tragic case is a reminder of the worst possible outcome of a domestic violence situation. Although the victim sought the appropriate protections under New Jersey’s Prevention of Domestic Violence Act (“PDVA”), those protections were not strong enough to prevent the victim’s death.
Generally, the telltale sign of domestic violence is controlling behavior. Under the PDVA, N.J.S.A. 2C:25-17 et seq., there are 19 specific predicate acts of domestic violence that permit a victim to get a restraining order against an abuser: homicide, assault, terroristic threats, kidnapping, criminal restraint, false imprisonment, sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary, criminal trespass, harassment, stalking, criminal coercion, robbery, contempt of a domestic violence order, cyber-harassment, and any other crime involving risk of death or serious bodily injury.
If you or a loved one is in a domestic violence situation or an abusive relationship, a temporary restraining order and ultimately a final restraining order may be obtained to provide protection from the abuser. In order to obtain a temporary restraining order, the victim must first go to the police department in their town, the police department in the town where the domestic violence incident occurred, or the Superior Court in their county.
Aggravated Manslaughter Charges in Elizabeth NJ
At the end of the day, the process of getting a restraining order can be stressful and overwhelming. That’s why it helps to have a qualified restraining order on your side. The domestic violence attorneys at the Tormey Law Firm can assist you. We have helped many clients succeed with obtaining temporary and final restraining orders and we’re ready to help you today.
