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.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 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 traumatised 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 according to the New Jersey Domestic Violence Laws, Reach us. Eventually, you can consult and seek help from our attorney at The Law Offices of SRIS, P.C.
What are 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 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 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 domestic violence laws.
What are the 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.
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:
- 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 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 domestic violence laws favor the accuser 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 victim is.
In most cases, the 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
This allows 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 domestic violence laws allow the restraining order extension in such situations.
- According to the domestic violence laws in NJ, 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 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 victims of domestic abuse to seek justice, but we also hear out the so-called accused, that 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 10 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 NJ?
Penalties for domestic violence offenses in New Jersey can vary depending on the severity of the offense. They may include fines, probation, mandatory counseling or anger management classes, loss of firearm rights, and even imprisonment. The specific penalties depend on factors such as the type and degree of violence, any prior convictions, and other circumstances.