New Jersey In Domestic Violence Laws
Every state has laws outlining the degree of domestic abuse, and each rule is framed keeping the future safety and security of the victims in mind. New Jersey Domestic Violence Laws are no different; while it took a few years to have it sanctioned, its protocols are equally stringent and designed to protect people from crime. The New Jersey domestic violence law, also known as the New Jersey Prevention of Domestic Violence Act, was executed in 1991. Lawmakers were obliged to frame the New Jersey domestic violence laws owing to the increasing rate of criminal acts. From Men, women, and children to the disabled and the elderly, the state found thousands of people persecuted by their family members. Few cohabitants even lost their lives owing to severe injuries. However, 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 a victim of abuse or have been falsely accused of a domestic assault, you can consult and seek help from our attorney at The Law Offices of SRIS, P.C.
What is Domestic Abuse?
According to New Jersey domestic violence laws, 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 termed domestic abuse under the New Jersey domestic violence laws.
If two strangers get into a fight and sustain injuries, then it is termed assault. But if the same occurs in a household, the New Jersey domestic violence laws define it as domestic abuse. Many cases filed with the state’s court were that of larceny and kidnapping; you would be surprised to learn that all of these crimes were committed by a family member. Now, you may ask – Will this be considered Domestic Abuse? Well, yes, as per the New Jersey domestic violence laws.
Duties of the Police as Defined by the New Jersey domestic violence laws
The police are obliged to make an immediate arrest when informed about a domestic assault.
The New Jersey, domestic violence laws force law enforcement officers to take abrupt action to avoid more severe mishaps.Of course, a few conditions are taken into consideration while making an arrest:
- As per the New Jersey domestic violence laws, 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 must perform a thorough investigation before making an arrest.
- If the defendant or the accused has a previous record similar to the current complaint, then the New Jersey domestic violence laws favor the accuser and suggest an immediate arrest.
- If both the accuser and the accused are found equally injured, then New Jersey domestic violence laws demand a thorough probe into the matter. Following the investigation, the police can decide who the actual victim is.
In most cases, the New Jersey 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.
Restraining Orders
The New Jersey domestic violence laws, allow an emergency restraining order to be granted to the victim if they request protection against the criminal. You must note here that a mere statement from the victim is enough to obtain a temporary restraining order.
In addition, within ten days of the 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 victim is at risk in the future. In that case, they may choose to incarcerate the abuser for a certain period (most likely a minimum jail time of 30 days or more based on the seriousness). The New Jersey domestic violence laws allow the restraining order extension 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, the court may slap a penalty fee of $10,000 and order immediate imprisonment.
We at the Law Offices of SRIS, P.C., understand that verbal fights sometimes get exaggerated and retold differently due to anger or frustration. 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 victims of domestic abuse to seek justice, but we also hear out the so-called accused, that sometimes get falsely framed. Call us today!