According to data compiled by the National Coalition Against Domestic Violence, one in 7 women and one in 7 men have been victims at some point. Domestic violence is a crime in every State, and there are legal options for seeking a protection order. For nearly three decades, the issue of domestic violence New Jersey has been the primary focus of legislative and policing efforts. This brought into effect the NJ Domestic Violence Act in 1991. Talk to our attorney at the Law Offices of SRIS, P.C., to know more about the New Jersey Domestic Violence Act.
It has been found that thousands of people in New Jersey were regularly assaulted and sometimes killed by a spouse or cohabitant, which led them to declare domestic violence a serious crime against society and enact the New Jersey Domestic Violence Laws. In addition, children may be traumatized and experience long-term emotional effects from witnessing acts of domestic violence. Finally, lawmakers noted that elderly and disabled individuals frequently become victims of domestic violence.
According to the New Jersey Domestic Violence Act, no specific crime is referred to as domestic violence. However, a pattern of physical, verbal, financial, psychological, or sexual abuse that may include threats, intimidation, isolation, financial control, or humiliation is commonly referred to as domestic violence. Emancipated minors and adults over 18 who have been victims of domestic violence by a spouse, former spouse, or any current or former household member are covered.
Severity of Domestic Violence in NJ:
The severity and frequency of violent New Jersey Domestic Violence Act are likely to rise due to the victim and the offender frequently living together or having frequent contact. Violence in the home is cyclical. A violent act occurs, tensions rise, the perpetrator often shows signs of remorse, and the cycle continues.
Depending on the nature of the perpetrator and victim relationship, one of 19 specific crimes under the act may be considered domestic violence.
Robbery, criminal coercion or restraint, harassment, burglary, kidnapping, and criminal mischief are among the crimes that could be considered domestic violence in addition to assault.. Domestic violence can include homicide, lewdness, false imprisonment, stalking, cyber harassment, and sexual contact or assault. Domestic violence is a crime that can result from an act that poses a threat of serious bodily harm or death when the necessary relationship exists.
New Jersey Domestic Violence Act – Restraining Order
Restraining Orders In New Jersey is a court order that prevents the alleged offender from contacting the victim. Without notifying the other party, a temporary order can be obtained solely on the victim’s statement. A person must demonstrate that a New Jersey Domestic Violence Act that constitutes domestic violence occurred and that the person feared for their safety and welfare to obtain a temporary order.
Law enforcement personnel will serve the defendant with a copy of the temporary order if it is granted by the court. The court will hold a hearing for the defendant to respond and argue against the issuance of a permanent restraining order within ten days of the temporary order’s issuance.
The court will take into account a variety of things at the hearing, such as whether or not the parties have a history of New Jersey Domestic Violence Act, whether or not there is an immediate threat to a person or property, their financial situation, and the victim’s and any children’s ideal interests.
The alleged abuser may be subject to significant restrictions in both temporary and permanent orders, including the prohibition of all forms of contact with the victim and their children. The alleged abuser may be ordered to leave the family home, pay child support, give up having guns, go to counseling, and pay back the victim’s financial losses.
At the court hearing, both parties have the right to have an attorney represent them. The defendant will be fingerprinted and have a record of domestic violence committed if the court issues a Final Restraining Order. This could make it harder to get certain professional licenses and jobs.
Restraining Order – Moving From One State To Another
If a person has a restraining order that was issued in one State and moves to another state to avoid further abuse, they are allowed to seek the order’s enforcement in the new State under federal law. A restraining order violation is punishable by up to 18 months in prison and a $10,000 fine under New Jersey Domestic Violence Act.
Domestic violence can affect anyone, irrespective of age, race, gender, religion, or socioeconomic status, in opposite or same-sex relationships. Our attorney at the Law Offices of SRIS, P.C., aims to reduce the New Jersey Domestic Violence Act by providing this essential assistance. Call us now to obtain legal support regarding your Domestic Violence Cases In New Jersey.
FAQ’s:
What is considered domestic violence under the New Jersey Domestic Violence Act?
Domestic violence in New Jersey encompasses a range of abusive behaviors, including physical assault, harassment, stalking, terroristic threats, sexual assault, and more. It is not limited to physical violence and can also include emotional, psychological, and financial abuse when they occur within a specific relationship, such as between spouses or cohabitants.
How do I obtain a restraining order in New Jersey to protect myself from domestic violence?
To obtain a restraining order in New Jersey, you typically need to go to your local courthouse and file a complaint. The court may issue a temporary restraining order if it believes you are in immediate danger. A hearing will then be scheduled within 10 days to determine if a final restraining order is necessary. It’s essential to provide evidence of the abuse, and you may want to consult with an attorney for guidance through the process.