Domestic Violence – New Jersey
In the eyes of the law, domestic violence encompasses a wide spectrum of behaviors, involving physical, emotional, verbal, or sexual abuse directed at a current or former spouse, romantic partner, or another member of the household. While physical or sexual assault, harassment, and threats are the most common forms of domestic violence, various criminal offenses can be legally associated with it. These specific offenses / predicate acts fall under the purview of New Jersey’s 1991 Prevention of Domestic Violence Act and may include:
- Harassment
- Assault
- Terrorist threats
- Criminal mischief
- Criminal restraint
- False imprisonment
- Burglary
- Criminal sexual contact
- Kidnapping
- Sexual assault
- Stalking
- Lewdness
- Criminal trespass
- Homicide
- Criminal coercion
- Robbery
- Cyber-harassment
- Contempt of a restraining order
These offenses / predicate acts encompass any crime that poses the risk of causing death or severe bodily injury to a spouse, partner, family member, or household member.
Beyond Physical Abuse
While many associate domestic violence primarily with physical abuse, it’s important to note that it can extend to sexual, emotional, economic, and psychological abuse, as well as threats of harm against the victim. Consequently, an individual can face domestic violence charges even without direct physical contact with their victim.
If you find yourself involved in a domestic violence case, seeking the assistance of skilled and experienced attorneys is paramount. Having a strong legal defense team by your side can help mitigate the consequences of a domestic violence allegation on your future.
Cycle of Violence
A cyclical nature of domestic violence is most prevalent in intimate terrorism (IT), which involve a pattern of ongoing control using emotional, physical and other forms of domestic violence and is what generally leads victims, who are most often women, to women’s shelters. It is what was traditionally the definition of domestic violence and is generally illustrated with the “Power and Control Wheel” to illustrate the different and inter-related forms of abuse. Intimate terrorism is different from situational couple violence, which are isolated incidents of varying degrees of intensity.
A general, intricate and complicated cycle of traumatic violence and healing map was developed by Olga Botcharova when she worked at the Center for International Studies.
Domestic Violence – New Jersey
In the eyes of the law, domestic violence encompasses a wide spectrum of behaviors, involving physical, emotional, verbal, or sexual abuse directed at a current or former spouse, romantic partner, or another member of the household. While physical or sexual assault, harassment, and threats are the most common forms of domestic violence, various criminal offenses can be legally associated with it. These specific offenses / predicate acts fall under the purview of New Jersey’s 1991 Prevention of Domestic Violence Act and may include:
- Harassment
- Assault
- Terrorist threats
- Criminal mischief
- Criminal restraint
- False imprisonment
- Burglary
- Criminal sexual contact
- Kidnapping
- Sexual assault
- Stalking
- Lewdness
- Criminal trespass
- Homicide
- Criminal coercion
- Robbery
- Cyber-harassment
- Contempt of a restraining order
These offenses / predicate acts encompass any crime that poses the risk of causing death or severe bodily injury to a spouse, partner, family member, or household member.
Beyond Physical Abuse
While many associate domestic violence primarily with physical abuse, it’s important to note that it can extend to sexual, emotional, economic, and psychological abuse, as well as threats of harm against the victim. Consequently, an individual can face domestic violence charges even without direct physical contact with their victim.
If you find yourself involved in a domestic violence case, seeking the assistance of skilled and experienced attorneys is paramount. Having a strong legal defense team by your side can help mitigate the consequences of a domestic violence allegation on your future.
Cycle of Violence
A cyclical nature of domestic violence is most prevalent in intimate terrorism (IT), which involve a pattern of ongoing control using emotional, physical and other forms of domestic violence and is what generally leads victims, who are most often women, to women’s shelters. It is what was traditionally the definition of domestic violence and is generally illustrated with the “Power and Control Wheel” to illustrate the different and inter-related forms of abuse. Intimate terrorism is different from situational couple violence, which are isolated incidents of varying degrees of intensity.
A general, intricate and complicated cycle of traumatic violence and healing map was developed by Olga Botcharova when she worked at the Center for International Studies.
Domestic Violence
Restraining Orders
In New Jersey, domestic violence cases are taken with the utmost seriousness, and judges have a range of remedies at their disposal to protect victims and promote safety. When a victim of domestic violence seeks the court’s intervention, a judge can grant various forms of relief to safeguard their well-being and provide a sense of security. Here are some of the key types of relief a judge may grant in a New Jersey domestic violence matter:
- Temporary Restraining Orders (TROs): When an alleged victim seeks immediate protection, a judge can issue a TRO. This order serves as a temporary barrier between the victim and the alleged abuser, limiting contact and prohibiting any acts of violence, harassment, or intimidation.
- Final Restraining Orders (FROs): After a hearing in which both parties have the opportunity to present their case, a judge can issue a Final Restraining Order, which provides more extended protection. An FRO typically includes provisions to prevent any contact between the victim and the abuser, including restrictions on physical proximity, communication, and even firearm possession.
- Exclusive Possession of Residence: In cases where both the victim and the alleged abuser share a residence, a judge may grant exclusive possession of the home to the victim, ordering the alleged abuser to vacate the premises.
- Child Custody and Visitation Orders: If children are involved, the court may issue temporary orders to protect their safety and well-being. These orders can dictate custody arrangements and visitation schedules, with the goal of minimizing the child’s exposure to any further harm.
- Monetary Awards: A judge may award monetary compensation to the victim to cover expenses related to the domestic violence incident, such as medical bills, counseling, or property damage.
- Firearms Surrender or Forfeiture: In cases where firearms are present and pose a threat, a judge may order the alleged abuser to surrender their firearms and prohibit them from obtaining new ones.
- Counseling or Therapy Orders: To address the underlying issues contributing to the domestic violence situation, a judge may mandate counseling or therapy for the abuser as a condition for lifting restraining orders or regaining custody or visitation rights.
- Attorney’s Fees and Costs: In some instances, the court may award attorney’s fees and litigation costs to the victim to help ensure they have adequate legal representation during the legal process.
If you are involved in a domestic violence case, either as a defendant or as a victim, seeking the guidance of an experienced attorney is essential.
I have 25 years of experience in this area of law and can help you navigate the legal process, present your case effectively, and work to secure the appropriate relief to protect your well-being and future.
Domestic Violence
Restraining Orders
In New Jersey, domestic violence cases are taken with the utmost seriousness, and judges have a range of remedies at their disposal to protect victims and promote safety. When a victim of domestic violence seeks the court’s intervention, a judge can grant various forms of relief to safeguard their well-being and provide a sense of security. Here are some of the key types of relief a judge may grant in a New Jersey domestic violence matter:
- Temporary Restraining Orders (TROs): When an alleged victim seeks immediate protection, a judge can issue a TRO. This order serves as a temporary barrier between the victim and the alleged abuser, limiting contact and prohibiting any acts of violence, harassment, or intimidation.
- Final Restraining Orders (FROs): After a hearing in which both parties have the opportunity to present their case, a judge can issue a Final Restraining Order, which provides more extended protection. An FRO typically includes provisions to prevent any contact between the victim and the abuser, including restrictions on physical proximity, communication, and even firearm possession.
- Exclusive Possession of Residence: In cases where both the victim and the alleged abuser share a residence, a judge may grant exclusive possession of the home to the victim, ordering the alleged abuser to vacate the premises.
- Child Custody and Visitation Orders: If children are involved, the court may issue temporary orders to protect their safety and well-being. These orders can dictate custody arrangements and visitation schedules, with the goal of minimizing the child’s exposure to any further harm.
- Monetary Awards: A judge may award monetary compensation to the victim to cover expenses related to the domestic violence incident, such as medical bills, counseling, or property damage.
- Firearms Surrender or Forfeiture: In cases where firearms are present and pose a threat, a judge may order the alleged abuser to surrender their firearms and prohibit them from obtaining new ones.
- Counseling or Therapy Orders: To address the underlying issues contributing to the domestic violence situation, a judge may mandate counseling or therapy for the abuser as a condition for lifting restraining orders or regaining custody or visitation rights.
- Attorney’s Fees and Costs: In some instances, the court may award attorney’s fees and litigation costs to the victim to help ensure they have adequate legal representation during the legal process.
If you are involved in a domestic violence case, either as a defendant or as a victim, seeking the guidance of an experienced attorney is essential. I have 25 years of experience in this area of law and can help you navigate the legal process, present your case effectively, and work to secure the appropriate relief to protect your well-being and future.
257 Spring Street, Newton, New Jersey 07860
Phone
973.446.0789
Address
257 Spring Street, Newton, New Jersey 07860
Location
257 Spring Street, 3rd Flr.
Newton, NJ 07860
Office Hours
by appointment only
call or text 9-5 M-F
257 Spring Street, Newton, New Jersey 07860
Phone
973.446.0789
Address
257 Spring Street, Newton, New Jersey 07860
Location
257 Spring Street, 3rd Flr.
Newton, NJ 07860
Office Hours
by appointment only
call or text 9-5 M-F