Every state has laws outlining the degree of domestic abuse, and each rule is framed with the future safety and security of the perpetrators in mind. The New Jersey domestic violence laws, also known as the New Jersey Prevention of Domestic Violence Act, were executed in 1991. Lawmakers were obliged to frame domestic violence laws owing to the increasing rate of criminal acts. From men, women, and children to people with disabilities and older people, the state found thousands of people persecuted by their family members. Few cohabitants even lost their lives owing to severe injuries. Yet, as noted later by several psychologists and doctors, children were traumatized and held on to those bad memories even after they grew into adults. If you are subject to abuse or have been falsely accused of domestic assault according to the New Jersey Domestic Violence Laws, reach out to us. Eventually, you can consult and seek help from our attorney at The Law Offices of SRIS.P.C.
What are the domestic abuse laws in New Jersey?
According to domestic violence laws in NJ, any act of abuse, insult, or threat carried out against a cohabitant is considered domestic abuse. It includes sexual abuse, financial control, and physical and verbal threats to gain control over a cohabitant, all of which are termed domestic abuse under the New Jersey domestic violence laws. If two strangers get into a fight and sustain injuries, then it is called assault. But if the same occurs in a household, the domestic violence laws define it as domestic abuse. Many cases filed with the state’s court were those of robbery and kidnapping; you would be surprised to learn that a family member did all of these crimes. Now, you may ask – Will this be considered domestic abuse? Well, yes, as per the domestic violence laws.
Definition of Domestic Violence: Under New Jersey law, domestic violence encompasses various abusive behaviors, including physical assault, emotional abuse, harassment, stalking, sexual assault, and more. These acts occur within relationships defined by familial or intimate connections, such as spouses, former spouses, dating partners, household members, or individuals with a child in common.
Protective Measures for Domestic Violence Survivors: It includes obtaining a temporary or permanent restraining order, which prohibits the abuser from contacting or being near the recipient. Additionally, those harmed have access to emergency assistance, shelter services, counseling, and legal advocacy to ensure their safety and well-being.
Legal Consequences for Offenders: Those found guilty of violating New Jersey domestic violence laws face serious legal repercussions. According to the severity of the offense and any prior convictions, penalties may include fines, probation, mandatory counseling or anger management programs, loss of custody or visitation rights, and even incarceration.
Importance of Legal Assistance: Navigating New Jersey domestic violence laws can be complex and emotionally challenging. Accused individuals alike benefit from seeking legal guidance from experienced attorneys who concentrate on domestic violence cases. These professionals can provide invaluable support in obtaining protective orders, presenting evidence in court, and ensuring fair treatment throughout the legal process.
What are the responsibilities of the police as stated in the New Jersey Domestic Violence Laws?
The police are obliged to make an immediate arrest when informed about a domestic assault. According to the New Jersey Domestic Violence Act, law enforcement officers can take abrupt action to avoid more severe mishaps. Of course, a few conditions are taken into consideration while making an arrest:
- In reference to this, the accuser may or may not show external signs of injury. But there should be some record or evidence that supports their claim. The police should perform a thorough investigation before making an arrest. Learn about New Jersey domestic violence laws by consulting with our lawyer.
- If the defendant or the accused has a previous record similar to the current complaint, then the domestic violence laws prefer the complainant and suggest an immediate arrest.
- If both the accuser and the accused are found equally injured, then domestic violence laws demand a thorough probe into the matter. Following the investigation, the police can decide who the actual perpetrator is.
- In the majority of instances, domestic violence laws allow law enforcement officers to issue an arrest warrant once a complaint is made. Major factors play an essential role during the issuance of the arrest warrant. You can discuss it with our lawyers if you want to learn further.
New Jersey Domestic Violence Laws: Emergency Restraining Orders, Court Proceedings, and Legal Consequences
It allows an emergency restraining order to be granted to the perpetrator if they request protection against the criminal. You should note here that a mere statement from the subject is enough to obtain a temporary restraining order. In addition, within ten days of order issuance, the New Jersey Domestic Violence Laws require the presence of both the accuser and the accused in court.
- Suppose the court senses danger and ascertains that the individual is at risk in the future. In that case, they may choose to incarcerate the abuser for a certain period (a minimum jail time of 30 days or more based on the seriousness). The domestic violence laws allow restraining order extensions in such situations.
- According to the New Jersey domestic violence laws, all licenses to possess a firearm or any safety weapon shall be taken from the defendant.
- If the defendant fails to adhere to the principles enlisted in the restraining order, the court may impose a penalty fee of $10,000 and order immediate imprisonment.
We are at the Law Offices of SRIS.P.C. understand that verbal fights sometimes get exaggerated and retold differently due to anger or frustration related to the New Jersey Domestic Violence Registry. If you are under a restraining order and need to communicate with your partner, you can do so with our help. We don’t just help those affected by domestic abuse seek justice; we also hear out the so-called accused, who sometimes get falsely framed. Call us today!
FAQ’s
What is considered domestic violence under New Jersey law?
Domestic violence in New Jersey encompasses various abusive behaviors between individuals in certain types of relationships, including spouses, former spouses, dating partners, household members, and those who share a child. It can include physical abuse, sexual assault, harassment, stalking, emotional abuse, and more.
How can I obtain a restraining order in New Jersey to protect myself from domestic violence?
To obtain a restraining order, you can visit your local county courthouse during business hours. A judge will review your case and may issue a Temporary Restraining Order (TRO) if they find reasonable cause to do so. You will then attend a final hearing within ten days, where a judge will determine whether to issue a Final Restraining Order (FRO) for continued protection.
What are the penalties for domestic violence offenses in New Jersey?
Penalties, according to New Jersey domestic violence laws, can vary based on the severity of the offense. They may include fines, probation, mandatory counseling for anger management classes, loss of firearm rights, and even imprisonment. The particular penalties vary based on factors such as the type and degree of violence, any prior convictions, and other circumstances.