Domestic Violence & Restraining Orders In New Jersey
You Deserve To Be Safe.
Getting out of an abusive relationship isn’t easy. Even if your partner has displayed violent, aggressive, controlling, demeaning, or threatening behavior towards you or a member of your family, you may be afraid to leave the relationship and seek help.You are not alone. One of the biggest tragedies of domestic abuse is that even though over 70,000 people report physical and emotional abuse from their partners each year in New Jersey, many more suffer in silence. Victims of domestic violence can be male or female, gay or straight, from any race, and from any walk of life.
Maybe you hope things will change. Maybe you fear for the safety of your children. Maybe you don’t know where to turn. But we want you to know – you do not have to live in fear and there is a way out. You can get out, get your children out, and stay safe. You can also afford to live. Below you’ll find a variety of resources to help you – from restraining orders and crisis hotlines to local domestic violence shelters and legal services.
IF YOU ARE IN IMMEDIATE DANGER CALL 911 OR YOUR LOCAL EMERGENCY SERVICE
New Jersey Domestic Violence Law
The New Jersey Prevention of Domestic Violence Act (N.J.S.A.2C:25-17 et seq. NJPDVA) is a law that offers protection against domestic violence and domestic abuse. It applies to anyone over the age of 18 who is experiencing domestic abuse by any of the following:
- Spouse or former spouse
- Current or former household member (i.e., an adult child)
- Current or former dating partner
- Biological or adoptive co-parent, including a prospective co-parent if either party is pregnant.
Acts of Domestic Violence
New Jersey domestic violence is defined by the NJPDVA to include nineteen separate crimes (per the New Jersey Domestic Violence Act, updated in 2016). If you are suffering from domestic violence it is important to understand the differences between these various crimes. If you decide to apply for a restraining order, your will need to state specific facts about your situation that indicate that the abuser has committed one or more of the listed crimes. Complete definitions of each offense can be found in the New Jersey Code of Criminal Justice. The included offenses are:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Coercion
- Lewdness
- Robbery
- Criminal Mischief
- Burglary
- Criminal Trespass
- Harassment
- Stalking
- Cyber Harassment
- Crimes involving risk of death or serious bodily injury to anyone protected under the Prevention of Domestic Violence Act 1991
- Contempt of a Restraining Order
Restraining Orders and Other Help for Victims of Domestic Violence
Applying for a temporary restraining order can feel intimidating, but courthouse or police station personnel are available to help at all times and are well trained in assisting domestic violence victims. If you have questions about your situation, your Weinberger Divorce & Family Law Group, LLC domestic violence attorney can help you determine whether or not a restraining order is appropriate in your case, and can help you through the entire process of identifying signs of abuse, making a safety plan, and preventing the recurrence of abuse in the future. We can also help you respond to any issues you may have concerning domestic or spousal surveillance, or cyber-spying. If you are concerned about children affected by domestic abuse, we will help you make a plan to protect the children. While instances of domestic violence are alarmingly common, false accusations of domestic abuse or violence are also not uncommon in divorce and child custody matters. If you believe that you have been falsely accused, the domestic violence lawyers at Weinberger Divorce & Family Law Group, LLC can help protect your rights and your freedom.
Case Studies of Domestic Violence
To help you understand some of the more common factual scenarios that may trigger legal protection for a victim, we have prepared a series of case studies. These case studies illustrate only a few of the many possible scenarios that could amount to domestic violence under the NJPDVA. Subtle differences can affect whether or not an action or course of conduct amounts to a crime of domestic violence.
The potential responses discussed in each case are not intended as specific legal advice, but are instead presented to provide some initial guidance to anyone finding themselves in a similar situation. An experienced family law attorney can assess your own situation and can also make the strongest possible argument for you if you are attempting to obtain a restraining order or other relief under the NJPDVA.
IF YOU ARE IN IMMEDIATE DANGER CALL 911 OR YOUR LOCAL EMERGENCY SERVICE
If you need assistance in making a safety plan, reach out to one of the trained counselors at either of the two following numbers:
New Jersey Domestic Violence Hotline: 1 (800) 572-7233 (SAFE).
National Domestic Violence Hotline: 1 (800) 799-7233 (SAFE).
Get Help Now
If you or your loved ones are being impacted by domestic violence or domestic abuse in New Jersey, you need a dedicated legal advocate who will fight for your rights. The domestic violence attorneys at Weinberger Law Group know the exact steps to take to keep you in absolute safety and security while the proper legal protections are put in place for you and your family. You do NOT have to live in fear. Help is just a phone call away. It’s free and 100% confidential.
