New Jersey Domestic Violence
Any act of violence on a household member can be termed domestic violence. Physical, verbal, emotional, and sexual abuse is considered domestic violence. Even stalking, financial threats, and isolation are forms of domestic abuse. If you are an employee of a family, you too can raise complaints under the New Jersey domestic violence law. Unfortunately, most assault cases go unreported due to little knowledge about the New Jersey domestic violence law or fear of further abuse. Our lawyers at The Law Offices of SRIS, P.C. are dedicated to offering to counsel and help to victims of domestic abuse. If you fear filing a complaint against your abuser, contact us for help.
What is the aim of New Jersey domestic violence law?
The New Jersey domestic violence law, aims to offer safety and protection to abuse victims. The prevention of domestic violence act under the New Jersey domestic violence law ensures the safety of children, elders, and family members against the accused.
The following behaviors are considered assault or domestic abuse under the New Jersey domestic violence law;
- Sexual assault on a family member
- Cyber Harassment
- Physical violence that could have ended up being fatal
- Emotional abuse and threats
- Kidnapping a member of the family
- Dominating the family members to maintain financial control
The state keeps updating the New Jersey domestic violence law, so it may be difficult for a layperson to stay up to date with the updates. Retain a lawyer if you have doubts regarding an assault.
Why Should You Report a Domestic Abuse?
Apart from gaining protection, a formal complaint will prove evidence when needed. For example, if you are planning to apply for divorce, a police report will come in handy while fighting the case. In addition, new Jersey domestic violence law makes it obligatory for the police and the court to offer immediate help when contacted for protection against domestic assault.
If you feel uncomfortable speaking to the police first, inform a close family member or friend about the assault. In a violent case, Children and the elderly are the most affected individuals. The fear of being harmed and neglected forces them to keep their lips sealed. If you notice behavioral changes in your child or parent, it is your responsibility as a family member to report it to the police and seek immediate help.
Temporary Vs. Final Restraining Orders
The New Jersey domestic violence law allows victims to request a restraining order when they have suffered abuse by a family member. If a child or an elder was abused, a fellow family member has the right to request a protection order. The judge will be obliged to offer a temporary restraining order under the New Jersey domestic violence law. Since a TRO is issued instantly, the defendant or the abuser may not be present during issuance. The judge grants a TRO under the New Jersey domestic violence law and calls for a final hearing after ten days of the Temporary Order issuance.
Assault victims don’t have to wait for court’s working hours to make a complaint and seek TRO. Instead, you can walk into the nearest police station and file a complaint. The police will arrange for a telephone call with the judge; you will be asked to testify about the incident, and you will be given a TRO. If you still have doubts about New Jersey domestic violence law, contact our lawyers for guidance.
A final restraining order or FRO is granted only when the assault has been proven. In addition, the victim needs to authenticate the abuse or the incident that led to the assault. The final restraining order could be a continuation of the initial protection order for a certain period of time, or it could end up being permanent based on the severity of the violence. New Jersey domestic violence law is quite stringent regarding abiding by the conditions mentioned in the protection order. Failing to comply with the protocols may lead to criminal charge.
If you have been wrongfully accused of assault, the New Jersey domestic violence law allows the defendant to seek legal guidance from experienced lawyers. In addition, you have the right to retain a domestic violence defense lawyer to help you avoid getting a permanent restraining order recorded in the central registry. A permanent record will be a permanent scar on your reputation and social life. Hence, seek help while you still have time.
Can New Jersey domestic violence law be used in Divorce Cases?
Frequent violence and abuse are the most common reasons couples seek divorce. In some cases, one of the partners gets a restraining order issued under the New Jersey domestic violence law to present it as a fact while seeking a divorce. Distribution of property, child custody, and many other factors related to divorce are significantly affected when a simultaneous domestic violence case is registered against you.
Contact our family lawyer for assistance if you are being wrongfully accused of violence when dealing with a divorce case. We understand how an additional charge can affect your divorce case. Our lawyers will put in all our efforts to have the truth unveiled, and until the very end, we will ensure that your rights as a defendant remain protected.
Our Lawyers will Help Deal with Violence Issues
At The Law Offices of SRIS, P.C., our lawyers are well versed in the functionalities and conditions of the New Jersey domestic violence law. We are well aware of what is considered domestic violence and who is counted as a household member in a violence case. Our vast knowledge of New Jersey domestic violence law and the protection acts that come under it makes it relatively easy to defend a domestic violence case. Contact us for assistance today!