New Jersey Family Attorneys Handling Domestic Violence Cases
While it can be uncomfortable to discuss, domestic violence is a serious matter. Victims of abuse often try to keep these matters private, believing that there is no way to escape an abusive relationship. Fortunately, our legal system provides ways in which abuse victims can protect themselves and their children.
There are also times when people are falsely accused of an act of domestic violence. There are many different motives underlying false allegations and these types of fabricated claims can gravely impact the outcome of a divorce and child custody proceedings.
At Einhorn Barbarito, we recognize that domestic violence is a highly sensitive issue. Our family law attorneys are dedicated and understanding professionals committed to protecting families and children. Our firm has over fifty years of experience representing clients throughout New Jersey in all types of family law matters, including domestic violence cases. Our lawyers appreciate just how difficult dealing with domestic violence can be. We work one on one with our clients to develop a course of action that is appropriate for their circumstances.
What is Domestic Violence in New Jersey?
Domestic violence occurs when someone with whom you have a domestic relationship engages in physical violence, threats, intimidation, and/or a pattern of behaviors designed to maintain power and control over you. The New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) (also called the “PDVA”) is designed to protect individuals who have been subjected to domestic violence by any of the following individuals:
- A spouse or former spouse
- A current or former household member
- A person with whom the victim has a child in common (or is expecting a child in common)
- A person with whom the victim currently has, or had, a dating relationship
While the New Jersey Prevention of Domestic Violence Act sets forth a number of criminal acts that constitute domestic violence, some of the most common types of domestic violence behaviors include:
- Assault – when, a person, causes or attempts to cause you bodily injury
- Criminal mischief – when a person intentionally damages your property (e.g., the abuser throws a rock through your window or breaks down your door or slashes your car tires)
- Harassment – when a person contacts you or communicates with you at extremely inconvenient hours, using offensive language or in another way likely to cause you harm (e.g. your spouse calls your phone every hour throughout the night trying to convince you to come back to him/her even though you already told him/her that you never want to see them again)
- Stalking – when a person intentionally and repeatedly follows you and intends to annoy you or threatens you or makes you afraid for your safety
Domestic Violence Victims Can Seek A Restraining Order Against Abusers
There is nothing easy about being in an abusive relationship, but there are definite first steps you can take to begin to protect yourself. You have the right to seek a restraining order against the person who is abusing you. A restraining order is a protective civil order issued by a judge, either at the courthouse during court hours or a police station when the courthouse is closed, that provides certain protections for you and your family from the abuser.
When you seek a restraining order, and one is issued, it is called a “temporary restraining order” or “TRO”. This order is based solely on your recitation of the incident or incidents, without the judge hearing the other person’s version of events. Within ten days, a final hearing is scheduled, so that the judge can hear from both you and the accused abuser. If after the final hearing a judge finds that the accused abuser committed an act of domestic violence, then the temporary restraining order will become final. A final restraining order (or “FRO”) can last forever, or until one of the parties files a motion with the court to end or change the order.
If you are the victim of domestic abuse, seeking a restraining order can seem very intimidating. If you have questions about your situation or need assistance, the attorneys at Einhorn Barbarito can help. A New Jersey domestic violence lawyer at our firm will answer your questions and guide you through the entire process. You can reach one of our experienced family law lawyers by calling our offices at 973-627-7300.
False Accusations of Domestic Violence
Unfortunately, some individuals use the PDVA to gain an advantage in litigation or for other illicit purposes. If violence temporary restraining order is entered against you, you must take it seriously. Although a restraining order is a civil order, violation of the order is a criminal offense. Moreover, a false accusation of abuse can have serious, long-term consequences. For instance, if you have children, you could lose your custody rights and possibly be restricted to supervised parenting time. If you are convicted on charges of violating a restraining order, you could face substantial criminal penalties, including jail.
Given the severity of potential penalties and consequences associated with a domestic violence charge, it is important to seek out the advice of an attorney experienced in handling domestic violence cases in New Jersey. When you work with our firm, we will take quick action to assemble a team of legal professionals experienced in both family and criminal law matters. Our attorneys will work aggressively to uncover the truth and obtain a fair and favorable outcome for your situation. Contact us today at 973-627-7300.Print PDF
Family Law Blog
- Bisbing v. Bisbing: An Appellate Ruling in 2021 Confirms Non-Dischargeability of $425,000 Counsel Fee Award
- How About A Parent Alienation Court?
- In the Midst of a Divorce, Consider New Estate Planning Documents
- Mid-Marriage Agreements: Is it possible to re-negotiate a Prenuptial Agreement or pre-negotiate a separation agreement during marriage?
- Requesting Changes in Alimony Post-Divorce: What Happens When the Financially Responsible Ex-Spouse Faces Pandemic-Related Economic Hardships Caused by Unemployment or Decreased Income?
- LET ME GET DIVORCED NOW! – What counts as an emergency for filing a divorce complaint?
- Q&A: Practical Tips For Divorced Co-Parents
- Do New Jersey Courts Have The Power To Restrain A Spouse From Accessing The Marital Residence If The Other Spouse Fears Contracting The Novel COVID-19?
- In the Midst of this Pandemic, How Will Courts Handle Family Law Matters?
- How Has The Global Pandemic Affected The Already Thorny Issues Surrounding Co-Parenting And Custody Exchanges Between Separated And/Or Divorced Parents?
- If I Lose My Job Or I Am Temporarily Furloughed Due To The Coronavirus, Do I Have To Pay Alimony?
- Appellate Division Enforces Pre-2014 Settlement Agreement And Rejects a Termination of Alimony Based on Underemployment
- Domestic Violence Temporary Restraining Order As A Shield And Sword During COVID-19 Pandemic
- When Children are Removed from their Biological Parents’ Care, Which School District Do They Attend – Their Current School District or the School District Where They are Placed? Our Appellate Court Gives Us Guidance and Distinguishes Between Foster Care and Kinship Legal Guardians.
- How Should Divorced Parents Behave With Each Other During The COVID-19 Crisis?
- How Do I Resolve My Family Crisis Amid The Coronavirus Public Health Crisis?
- Will I Have To Pay For College Expenses For My Children Or Not?
- Parents Who Agreed to Emancipate Estranged Daughter Are Entitled To A Hearing After Trial Court “Unemancipates” And Requires College Contribution
- The New Jersey Divorce Process – Part I
- Do You Want To Change Your Name? Pay Attention To The Details For Success.
- States Take Action To Protect Children From Forced Marriages
- Legal Separation In New Jersey
- Issues That Must Be Considered In A Divorce With A Special Needs Child
- 10 Things You Should Tell Your Divorce Attorney
- Gestational Carrier Agreements Are Now Legal In The State Of New Jersey
- Fact/Fiction In Divorce
- New Laws On Cyber-Harassment
- Cyber Bullying
- Don’t Trust Your Divorce To A ‘Robot’
- Where Are The Grandparents? Raising Their Grandchildren!
- Don’t Let Your Kid Go Off To College Without These Important Documents
- Biology Alone Doesn’t Always Define A Parent
- Alimony Is Not Forever, So Plan Ahead
- There Is Still No Bright-Line Rule To Defining Emancipation
- The O’Reilly Divorce, And The “Factors” Behind Sealing Case Information
- A Groundbreaking Decision Regarding Common-Law Marriage
- What Triggers The Right To A Protective Order?
- Mississippi Domestic Abuse Bill Fails
- Do You Think Enough Time Has Passed And You Want To Review Your Custody Agreement? It May Not Be So Easy To Do
- “Honey, Here Is An Agreement For You To Sign And, If You Do, Then I Will Stay Married To You. Sound Fair Or Not?”
- Will I Have To Pay For College Expenses For My Children Or Not?
- Do I Have To Pay Child Support While My Children Are In College? Maybe.
- What Is A Family? The Legal Definition Of A Family Has Changed.
- Do You Want A Private Divorce Like Brad Pitt And Angelina Jolie? Maybe You Can Have One And Maybe You Can’t.
- “Happy Valentine’s Day! Will You Marry Me? And By The Way, Here Is A Prenuptial Agreement To Sign.” Isn’t That Romantic?
- Who Gets The Tickets In The Divorce?
- Cyber-Harassment Added To The Domestic Violence Statute
- Assets “Earned” During A Pre-Marriage Cohabitation Are NOT Subject To Equitable Distribution — But They May Be Distributed Anyway.
- Divorce vs ‘Divorce From Bed And Board’: Could Nancy O’Dell Obtain A Legal Separation In New Jersey?
- How To Avoid The Hazardous Effects Of Social Media On Divorce