Domestic violence is one of the most frightening situations a person can experience. If you’re facing fear and uncertainty due to someone’s violent or threatening behavior toward you or your child, know that you are not alone. A skilled New Jersey domestic violence victim attorney can help you find safety and support.
Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., has over a century of experience working on behalf of New Jersey domestic violence survivors. We can help you navigate the processes involved in securing protective orders, dealing with child custody issues, and creating a safe and stable path forward.
Contact us today to speak confidentially with a compassionate, responsive, and supportive attorney in an initial consultation.
How a New Jersey Domestic Violence Lawyer Can Help
A New Jersey domestic violence victim lawyer like Joe plays a critical role in helping you through difficult legal and personal situations. Your attorney understands the legal protections available and will guide you through the process of securing safety. They can help you file for a restraining order, which is designed to keep your abuser away from you. Your attorney will also represent you in court, present evidence of the abuse, and safeguard your rights.
As your domestic violence lawyer, Joe can also assist you with family law matters that may be affected by the abuse, such as child custody and divorce proceedings. He’ll help ensure your voice is heard when decisions about children or shared property need to be made. Having Joe on your side gives you the legal guidance and support necessary to resolve your case and achieve a safer and more stable future.
What Is New Jersey’s Prevention of Domestic Violence Act?
New Jersey domestic violence law is covered in the Prevention of Domestic Violence Act of 1991 (PDVA), which defines domestic violence as acts of abuse between individuals in specific types of relationships. These relationships include:
- Current or former spouses
- Household members
- People in a dating relationship
- Individuals who share a child
The law applies regardless of whether the victim and abuser live together or whether the relationship is ongoing or has ended. Legislators enacted the law in recognition of society’s changing understanding of and attitudes toward domestic violence and to improve the level of protection available to those experiencing violent or abusive behavior from a family or household member.
Survivors have several legal options when seeking protection under New Jersey law. They can file for a restraining order (also called a protective order), which helps limit the abuser’s ability to be in contact with them and provides immediate protection. This order may prohibit the abuser from coming near the survivor’s home, workplace, or other specified locations.
Survivors can also pursue criminal charges if the abuse rises to the level of a crime. Additionally, they can seek relief in family court, such as temporary custody of children or financial support. These legal remedies aim to offer protection and help survivors regain control over their lives after experiencing domestic abuse.
What Are Common Forms of Domestic Violence?
Domestic violence takes many forms, all of which can have serious and lasting impacts on survivors. The PDVA recognizes a number of criminal acts that qualify as types of domestic violence, including:
- Physical Abuse – Physical abuse involves actions like hitting, slapping, choking, or any form of bodily harm. Even attempts or threats of physical violence qualify as domestic violence under New Jersey law.
- Emotional Abuse – Emotional abuse can be just as damaging as physical abuse. This includes actions like constant insults, humiliation, intimidation, or manipulation. It aims to control or break down the survivor’s sense of self-worth.
- Sexual Abuse – Sexual abuse occurs when one person forces or coerces sexual acts without the other party’s consent. In a domestic setting, this could involve rape, sexual assault, lewdness, or any unwanted sexual contact.
Additionally, domestic violence can take the form of such crimes as burglary, robbery, kidnapping, stalking, harassment, and homicide.
How Does Domestic Violence Affect Family Law Matters?
Domestic violence can have a significant effect on family law matters, especially those involving divorce or children. New Jersey courts take domestic abuse into account when deciding these issues:
- Divorce – Domestic violence can impact divorce proceedings, particularly in decisions about alimony and property division. Courts may favor the victim when determining financial support or dividing assets.
- Child Custody – Domestic violence plays a major role in child custody cases. Judges prioritize the safety and well-being of the child, and an abusive parent may receive limited visitation rights or be denied custody altogether.
- Child Support – If domestic violence affects the financial stability of the survivor, it could influence the amount of child support the court awards. The court may consider the abusive parent’s behavior when calculating child support obligations.
Other family law matters, such as restraining orders and parenting plans, can also be affected by domestic violence. For instance, a restraining order may prevent an abuser from seeing their children without supervision. Additionally, decisions about shared parenting time and spousal support may shift to protect the safety of the survivor and their children.
What Kind of Evidence Could Support Your Claim of Domestic Violence?
When alleging domestic violence in court, you can present various forms of evidence to support your claim. The following pieces of evidence can help demonstrate the pattern of abuse and support your case for legal protection or relief:
- Police reports detailing any domestic incidents
- Medical records showing injuries caused by the abuser
- Witness statements from friends, family, or neighbors
- Photos of injuries or property damage
- Text messages, emails, voicemails, or social media posts with threats or abusive language
- Journals or personal records documenting incidents of abuse
How Could an Abuser Shield Themselves of Domestic Violence Accusations?
Abusers may use some common tactics in an attempt to shield themselves from domestic violence accusations.
They might deny the abuse altogether or claim that the survivor provoked them. In some cases, abusers try to manipulate the legal system by filing false accusations against the survivor, seeking to discredit them in court. Abusers may also destroy or hide evidence, such as threatening messages, to weaken the survivor’s case. Additionally, they may use financial control or threats to discourage the survivor from pursuing legal action.
Survivors can gather strong evidence and seek legal support to combat these and other strategies intended to shield abusers from the consequences of their actions.
Where Can You Seek Help If You Are a Victim of Domestic Violence in New Jersey?
Survivors of domestic violence in New Jersey have access to various resources and support services to help them find safety and reclaim control of their lives. The following agencies and providers offer essential help to victims of domestic violence:
- New Jersey Coalition to End Domestic Violence – This organization offers resources and support for survivors, including crisis intervention and advocacy services.
- Women’s Centers – Many counties have women’s centers that provide safe shelters, legal assistance, and counseling for survivors of domestic abuse.
- Local Police Departments – Law enforcement can assist survivors in obtaining protective orders and offer immediate safety measures.
- New Jersey Division of Child Protection and Permanency – This agency helps ensure the safety of children in domestic violence situations and provides necessary support services.
- Crisis Hotlines – Various hotlines, such as the National Domestic Violence Hotline (1-800-799-SAFE), provide confidential support and resources.
How Can You File for a Protective Order in New Jersey?
Filing for a protective order in New Jersey involves taking several steps to ensure your safety. The following is a step-by-step guide to the process:
- Gather Evidence – Collect any relevant information about the abuse, including police reports, medical records, and messages from the abuser. This evidence strengthens your case.
- File a Complaint – Go to the local police department, courthouse, or Family Division You can file a domestic violence complaint during regular business hours or seek help at a domestic violence shelter. Complete the necessary forms to request a temporary restraining order (TRO).
- Attend the Temporary Restraining Order Hearing – Once you file the complaint, the court will schedule a hearing. A judge will review your evidence and may grant a TRO, which provides immediate protection.
- Attend the Final Restraining Order Hearing – The court will set a date for a final hearing, usually within 10 days of the TRO. Both you and the abuser can present evidence. If the judge finds sufficient evidence of abuse, they will issue a final restraining order (FRO).
- Obtain Copies – After receiving the FRO, request copies for your records and provide them to local law enforcement to enforce the order.
