The Prevention of Domestic Violence Act of New Jersey is a comprehensive state law that describes domestic violence as any one of the 19 criminal offenses against a person in a relationship with the alleged perpetrator or who has been in that relationship in the past. In addition, violent crimes, cyber-stalking, and other forms of harassment fall within the purview of the Prevention of Domestic Violence Act New Jersey. The parties’ gender is irrelevant. By submitting a request, an alleged criminal responsible for domestic violence can obtain a TRO against a defendant under the Prevention Act related to domestic violence.
A final restraining order requires evidence and a hearing, but even a temporary restraining order (TRO) can be costly and disruptive to a defendant’s life. Our Prevention of Domestic Violence attorney recognizes that despite our support for efforts to end domestic violence, unfounded allegations can harm a person’s personal and professional lives. Our attorney from The Law Offices of SRIS.P.C. can help you understand your rights and prepare a defense if you are Accused Of Domestic Violence in New Jersey. Domestic violence allegations are not exempt from the right to a solid legal defense against criminal charges. Contact an attorney as soon as possible if you have been accused of domestic violence.
What is the New Jersey Prevention of Domestic Violence Act all about?
This act is about how one partner in a domestic relationship can get a restraining order against another partner. The court issues a restraining order to keep the alleged perpetrator of domestic violence from. A person who was hurt may file a criminal complaint based on the same incident and request a restraining order. To be eligible for protection under the Prevention of Domestic Violence Act New Jersey, the plaintiff should have a relationship with the defendant.
The Prevention of Domestic Violence Act New Jersey covers people who have a relationship with the defendant and includes:
- Marriage
- Divorce
- Separation
- Living together in the same house at present
- We have lived together in the past
- Currently dating
- Dates in the past
- Parents with a child
- The plaintiff and defendant are expecting to have a child in common.
According to the New Jersey Domestic Violence Laws, the plaintiff should be over 18 or an emancipated minor, or the defendant should be over 18. At least one instance of domestic violence should have occurred to the complainant. Domestic violence can result from any one of the following offenses:
- Aggravated or simple assault
- Terroristic threat
- Kidnapping
- Criminal restraint
- Confinement
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Cyber harassment
- Stalking
- Criminal coercion
- Robbery
- Not complying with the domestic violence order
- Homicide
Domestic violence can be charged with any offense that puts a person’s life or serious bodily injury in danger.
Protecting the people who are hurt
In the past, a survivor of domestic violence had to wait for a court date before receiving protection from the perpetrator. Yet, they can apply for a temporary restraining order under the Prevention of Domestic Violence Act New Jersey. They have time to gather the evidence and need to build a strong case against the offender due to this.
Court filing
Suppose you or a loved one have been the subject of domestic violence. In that case, you should consider obtaining a temporary restraining order under the Prevention of Domestic Violence Act New Jersey. A temporary restraining order can be requested from the Domestic Violence Unit at the Family Division of your local Superior Court. They will probably get a hearing right away, and the defendant won’t be told about it, so you won’t have to get in touch with them. You are entitled to appear before a judge if your request is denied. If your request is granted, you will get a temporary restraining order for ten days.
Reasons to contact a Prevention of Domestic Violence Act New Jersey Attorney
The legislature and judiciary of New Jersey have ensured that domestic violence cases are treated with the highest level of severity. It is the correct procedure, but a defendant’s constitutional rights should also be safeguarded. Your professional and personal future is in jeopardy if you are accused of domestic violence. You could be sentenced to prison, pay fines, lose custody of your child, and more. Our New Jersey Domestic Violence Defense Lawyer is prepared to assist you in preparing a solid defense because they know the seriousness of the charges against you. Our Domestic Violence Act New Jersey attorney from The Law Offices of SRIS.P.C. will be able to guide you throughout with complete procedures and defenses.
FAQs:
What is the Prevention of Domestic Violence Act New Jersey?
The Prevention of Domestic Violence Act (PDVA) in New Jersey is a comprehensive legal framework aimed at protecting individuals who are subjected to domestic violence. It provides legal remedies and procedures for obtaining restraining orders against abusive individuals.
How does the PDVA help prevent domestic violence in New Jersey?
The PDVA empowers those who have been abused to seek restraining orders, providing legal mechanisms to safeguard against further abuse. It establishes clear guidelines for law enforcement, courts, and support services to intervene and protect individuals from domestic violence.