Prevention of Domestic Violence Act NJ
Prevention of Domestic Violence Act New Jersey is a comprehensive state law that describes domestic violence as committing anyone of the 19 criminal offenses against a person in a relationship with the alleged perpetrator or has been in that relationship in the past. In addition, violent crimes, cyber-stalking, and other forms of harassment come within the purview of the Prevention of Domestic Violence Act New Jersey. The parties’ gender is irrelevant. By submitting a request, an alleged victim of domestic violence can obtain a TRO against a defendant under the Prevention of Domestic Violence Act New Jersey. 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 Act New Jersey attorney recognizes that despite our support for efforts to end domestic violence, unfounded allegations can harm a person’s personal and professional lives. Our Prevention of Domestic Violence Act New Jersey attorney can help understand your rights and prepare a defense if you are accused of domestic violence. Domestic violence allegations are not exempt from the right to a solid legal defense against criminal charges. Contact a Prevention of Domestic Violence Act New Jersey attorney as soon as possible if you have been accused of domestic violence.
What is the Prevention of Domestic Violence Act New Jersey all about?
The Prevention of Domestic Violence Act New Jersey 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 the alleged victim. A victim can 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 must have a relationship with the defendant.
The Prevention of Domestic Violence Act New Jersey covers people who have a relationship with the defendant that includes:
- Living together in the same house at present
- Have lived together in the past
- Currently dating
- Dated in the past
- Parents with a child
- The plaintiff and defendant are expecting to have a child in common
According to the Prevention of Domestic Violence Act New Jersey, the plaintiff must be over 18 or an emancipated minor, or the defendant must be over 18. At least one instance of domestic violence must have occurred to the complainant.
Domestic violence can result from any one of the following offenses:
- Aggravated and/or simple assault
- Terroristic threat
- Criminal restraint
- Sexual assault and criminal sexual contact
- Criminal mischief
- Criminal trespass
- Cyber harassment
- Criminal coercion
- Not complying with the domestic violence order
Any offense relating to the risk of death or serious bodily injury against a person protected by the Prevention of Domestic Violence Act New Jersey can attract the accusation of domestic violence.
Protecting the victims
In the past, a victim of domestic violence had to wait for a court date before receiving protection from the perpetrator. However, they can apply for a temporary restraining order under the PDVA Act. They have time to gather the evidence they need to build a strong case against the offender due to this.
Under the Prevention of Domestic Violence Act New Jersey, applying for a temporary restraining order might be a good idea if you or a loved one has been the victim of domestic violence. A temporary restraining order can be requested from the Domestic Violence Unit at the Family Division of your local Superior Court.
A staff member will interview the victim. 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 utmost seriousness. This is the correct procedure, but a defendant’s constitutional rights must also be safeguarded. Your professional and personal future are 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 Prevention of Domestic Violence Act New Jersey attorney is prepared to assist you in preparing a solid defense because he knows the seriousness of the charges against you. To start working on your defense, immediately get in touch with The Law Offices of SRIS, P.C.. Our Prevention of Domestic Violence Act New Jersey attorney will be able to guide you throughout with complete procedures and defenses.