Best Domestic Violence Lawyers in New Jersey

About Domestic Violence Law in New Jersey, United States

Domestic violence is a serious issue that affects many individuals and families across New Jersey. The state has clear laws and procedures to address domestic violence, protect victims, and hold offenders accountable. In New Jersey, domestic violence includes not only physical acts of violence, but also threats, emotional abuse, harassment, stalking, and other behaviors that control or harm another household or family member. Acts of domestic violence can occur between spouses, former spouses, household members, people who share a child together, or those involved in a dating relationship.

Why You May Need a Lawyer

Many people seek legal help with domestic violence matters in New Jersey because the stakes can be extremely high. If you are a victim, a lawyer can help you obtain protective orders, understand your rights, and navigate the court system safely. If you are accused of domestic violence, legal representation is vital to ensure your rights are respected and to establish your defense. Additional reasons people may need an attorney include:

• Filing for or defending against a restraining order
• Divorce or child custody disputes involving allegations of domestic violence
• Facing criminal charges related to domestic violence offenses
• Protecting financial assets and property during separation
• Seeking safety for children or family members
• Understanding how a domestic violence case impacts employment or immigration status

Local Laws Overview

New Jersey’s legal framework for domestic violence is primarily governed by the Prevention of Domestic Violence Act (PDVA). This law protects victims and provides remedies such as temporary and final restraining orders. Some of the key aspects include:

• Definition of Domestic Violence: The PDVA lists specific criminal offenses that qualify as domestic violence, including assault, harassment, stalking, sexual assault, terroristic threats, and more.
• Who Is Protected: Protection is not limited to married couples. It includes current or former household members, dating partners, and parents of a child in common.
• Restraining Orders: Victims can seek a Temporary Restraining Order (TRO) quickly, usually on the same day. A court will later decide whether to issue a Final Restraining Order (FRO) after a hearing.
• Criminal Prosecution: Certain acts of domestic violence may lead to criminal charges in addition to restraining orders.
• Civil and Family Court Remedies: Judges can order abusers to stay away from victims, leave the shared home, grant emergency custody of children, and require financial support.

Frequently Asked Questions

What qualifies as domestic violence in New Jersey?

Domestic violence includes physical abuse, harassment, stalking, threats, sexual violence, and other behaviors that harm or intimidate someone within a protected relationship. The state lists 19 specific offenses under the Prevention of Domestic Violence Act.

Can I get a restraining order right away?

Yes, victims can seek a Temporary Restraining Order (TRO) from a local court or police station at any time. The process is designed to be quick to provide immediate protection.

What happens after a Temporary Restraining Order is issued?

A hearing will be scheduled, often within 10 days, where both parties can present their sides. The court then decides whether to issue a Final Restraining Order (FRO), which can be permanent.

Do I need a lawyer to file for a restraining order?

While you are not required to have a lawyer, legal assistance is highly recommended. A lawyer can help you prepare your case and represent your interests in court.

Can domestic violence affect child custody decisions?

Yes, courts consider domestic violence when making child custody and visitation decisions to ensure the safety of the victim and children.

Are all domestic violence cases criminal?

Not necessarily. Some cases involve restraining orders through family court, while others may result in criminal charges if laws are broken.

What protections does a restraining order provide?

Restraining orders can require the abuser to stay away from the victim, leave a shared residence, avoid contact, and may include provisions for child custody and financial support.

Can a restraining order be removed or changed?

Yes, either party can apply to the court to modify or dissolve a restraining order, but changes are only made after a judge reviews the circumstances.

What if I am falsely accused of domestic violence?

You have the right to defend yourself at the hearing. A lawyer can help you present evidence and witnesses to support your case. False accusations are taken very seriously by the courts.

Where can I find emergency help?

If you are in immediate danger, you should contact 911 or your local police department. Shelters, hotlines, and legal aid organizations can also provide assistance and guidance.

Additional Resources

If you are dealing with domestic violence in New Jersey, reaching out to the following organizations and agencies can provide valuable support and information:

• New Jersey Division on Women - Offers resources and programs for victims
• New Jersey Coalition to End Domestic Violence - Provides crisis intervention and referrals to local shelters
• Legal Services of New Jersey - Offers free or low-cost legal assistance to eligible individuals
• Local police departments and county Family Justice Centers
• Hotlines such as the New Jersey Domestic Violence Hotline

Next Steps

If you believe you are a victim of domestic violence or have been accused of it, consider the following steps:

1. Ensure your immediate safety - In emergencies, call 911.
2. Reach out to a trusted resource, such as a shelter or hotline, for guidance and support.
3. Document incidents of abuse, including photos, messages, and witness accounts, if safe to do so.
4. Consult with an experienced attorney who understands New Jersey’s domestic violence laws and court procedures.
5. Decide whether to file for a restraining order or prepare your defense if accused.
6. Attend all court hearings and follow legal advice closely.

Remember, professional legal assistance can help you better understand your rights, protect yourself and your loved ones, and navigate the challenging aspects of domestic violence cases in New Jersey.