What is Considered Domestic Violence in New Jersey?
Domestic violence encompasses a repetitive cycle of physical, emotional, verbal, and sexual mistreatment. This includes various forms of harm such as threats, intimidation, isolation, and financial manipulation. Over time, domestic violence tends to escalate in frequency and severity.
It is important to acknowledge that domestic violence does not discriminate based on race, age, sexual orientation, religion, or gender. It affects individuals from diverse backgrounds and education levels, regardless of their socioeconomic status. Domestic violence can occur in relationships involving both opposite-sex and same-sex partners, whether they are married, cohabiting, or dating.
New Jersey’s Legal Definition of Domestic Violence
Domestic violence means the occurrence of one or more of the following criminal offenses upon a person protected under the “Prevention of Domestic Violence act of 1991,” P.L. 1991, c.261 (C.2C:25-17 et al.)
Protection Order vs Restraining Order in New Jersey
In New Jersey, the terms "Protection Order" and "Restraining Order" are often used interchangeably to refer to legal orders designed to protect individuals from domestic violence, harassment, or abuse. These orders aim to ensure the safety and well-being of the victim by establishing certain restrictions or prohibitions on the alleged abuser.
- Purpose: The primary purpose of both types of orders is to provide legal protection to victims of domestic violence or harassment.
- Legal Basis: Protection Orders and Restraining Orders are governed by the Prevention of Domestic Violence Act (PDVA) in New Jersey. This law defines domestic violence broadly and provides guidelines for obtaining these orders.
- Scope of Protection: Both orders typically include provisions that prohibit the alleged abuser from contacting or coming near the victim. They may also address custody and visitation arrangements, financial support, and other relevant issues.
- Violation and Consequences: Violating a Protection Order or Restraining Order is a serious offense in New Jersey. If the alleged abuser breaches the terms of the order, they may face criminal charges, fines, and other penalties.
- Confidentiality: In New Jersey, the court keeps the victim's address and other personal information confidential to protect their safety.
If you find yourself in an immediately life-threatening situation, dial 911.
Support for Victims of Domestic Abuse
"I have been abused. What should I do?"
Spousal abuse and other types of domestic violence are incredibly upsetting and require immediate attention, often including intervention from an outside party. While you may hope and wish to keep the situation contained at home, hidden from friends, family, and neighbors, sometimes it's simply not possible. Subjecting oneself to an abusive situation because it is "easier" than to separate from the abuser is the very mentality that allows an abuser to remain in control.
While dependence on another for comfort, love, sex, mutual support, and finances is beneficial in certain situations, it is in no way positive or beneficial when a victim is subject to abuse by a spouse or a significant other. Further, if children are involved and aware of the occurrences, there can be not only long-term mental, emotional, and physical trauma for them, but also government intervention if they're made aware by a teacher, friend, or family-member of recurring abuse.
If you believe you have been abused, and are in need of advice and assistance, contact us here or fill out the form to specify the time of day you wish to be contacted. Our conversations are private and at no-cost to you.
Legal Guidance for Alleged Abuser
"I've been labeled an Abuser. Now what?"
Conversely, there are also special situations wherein a person falsely accuses another of abuse, and in this case, the person is prone to family-law proceedings and possibly criminal charges. In matters such as these, it is imperative to seek-out a trustworthy attorney with Simon Law Group, LLC, who are able to identify these situations and address them accordingly to protect your best interests.
If you have been labeled a domestic violence abuser and are in need of legal guidance, contact Simon Law Group, LLC.
Obtaining a New Jersey Restraining Order
To obtain a Protection Order or Restraining Order in New Jersey, an individual needs to file a complaint with the local Family Court. The court reviews the complaint and, if it determines that there is a sufficient basis for protection, may issue a temporary order. A final hearing is then scheduled where both parties can present their case, and the court decides whether to grant a final order.
Temporary orders are granted to provide immediate protection and typically last until the final hearing. Final orders can be issued for a specified period or, in some cases, have no expiration date.
Types of Restraining Orders
A restraining order is a court order issued to prohibit a person from carrying out a particular action, namely approaching or contacting a specific person. Restraining orders can be useful in protecting victims of domestic violence. There are two types of restraining orders in New Jersey:
Temporary Restraining Orders
Temporary Restraining Orders is commonly issued to provide temporary protection from alleged abusers. In order for a temporary restraining order to be issued, a judge must have “sufficient basis” to believe that domestic abuse has occurred.
A TRO is in effect until a hearing date. On the hearing date, a Judge will determine if there is sufficient merit to grant the Final Restraining Order. If you are the victim, or accused, your best chance is with an experienced attorney.
Final Restraining Orders
A Final Restraining Order (“FRO”) issued is permanent. For the victim, there is relief. For the accused it can affect your employment, right to own hunting equipment, and relationship with your family and children. In addition, if there are children in the home, New Jersey’s Division of Child Protection and Permanency (DCPP) (previously “DYFS”) can be notified. You need to ensure that you have quality representation to protect your rights and your future. Many times it’s a two way street. The “victim” is sometimes the abuser. People can use Restraining Orders as a tool to gain an upper hand in divorce. Ensure protection of yourself and your family.
Contact Simon Law Group, LLC immediately if you are considering a restraining order, or have had one placed against you.