Intimate Partner Violence -- From the Bedroom to the Courtroom

November 13, 2010

The effects of domestic partner violence -- also known as domestic abuse, domestic violence, spousal abuse and intimate partner violence -- are felt all throughout our society. Violence between partners impacts a range of areas, and it has the possibility of affecting everything from child custody to emotional development and work status to criminal history. Partner or child abuse in a home can have a dramatic impact on whether or not custody is granted to a particular party in the event that parents separate. Of course, there are implications even if they are no children in the home, as abuse can lead to criminal charges, orders for protection, negative publicity and a number of other consequences.

Victim advocates continue to argue that, in spite of the fact that abuse is no longer considered taboo in conversation and it has come out of the shadows in recent years, these crimes are some of the most underreported and under-punished of any in the justice system. In the past few decades, though, lawmakers and courts around the country have tried to bring attention to the issue, increasing both the criminal and civil consequences faced by those convicted of abuse. Unfortunately, though, even a more aggressive legal response has not lessened the impact of domestic abuse on the lives of its victims.

New Jersey's Laws About Domestic Partner Violence

New Jersey is home to an aggressive set of laws designed to combat the prevalence of domestic abuse and to ameliorate its effects on victims. The state's efforts to curb spousal and intimate partner violence began in 1991, with the passage of the Prevention of Domestic Violence Act. This act has served as a building block for all current laws punishing in-home mental, physical or emotional abuse.

The initial 1991 act was passed because the legislature found that abuse was affecting thousands of New Jersey residents, causing injuries to men, women, children and unborn babies. State lawmakers also expressed their concern for children living in abusive environments -- even if the children are not physically abused themselves, they will suffer emotional consequences that could last a lifetime. Children's rights are the main driving force for New Jersey's civil and criminal penalties for perpetrators of abuse in the home.

The Prevention of Domestic Violence Act of 1991 prohibits anyone from engaging in any of the following criminal activities against a fellow resident, vulnerable adult or romantic partner (abuse against a child is handled by a separate set of laws):

Domestic violence laws include a wide range of criminal activities, including:
- Homicide
- Terroristic threats
- Criminal restraint
- Assault
- Kidnapping
- False Imprisonment
- Sexual assault
- Criminal sexual contact
- Burglary
- Lewdness
- Criminal mischief
- Criminal trespass
- Harassment
- Stalking

In New Jersey, civil remedies are limited to the issuance of a temporary or permanent restraining order. To some, the thought of a restraining order means nothing. New Jersey defines the relief offered to a victim very broadly, and that same broad stroke is used to enumerate prohibitions against someone accused of abuse.

Restraining Orders

Temporary or permanent restraining orders may provide a victim:
- The exclusive right to remain in the residence
- Custody of any children in the home
- Financial support in both the long- and short-terms
- Punitive damages to the victim and third parties (like children or adults with special needs)
- Medical coverage
- Rent/mortgage payments
- Limiting visitation rights or access to children
- Law enforcement support when needed
- The same restraining orders could prohibit an accused abuser from:
- Returning to the scene of the alleged violence
- Committing any future violent acts
- Visiting the victim's workplace or residence
- Harassing/contacting the victim by telephone, text message, e-mail or letter
- Threatening physical harm
- Refusing a court-ordered substance abuse or mental health evaluation
- Possessing firearms or other weapons

Allegations of domestic abuse, even if no criminal charges are eventually filed, can have a significant impact on divorce, separation, child custody, visitation and spousal support proceedings. If you are being abused, seek help immediately. If you are not comfortable calling 911, there are victim advocacy organizations like the New Jersey Coalition for Battered Women that can help you and your children. You should also consider contacting an experienced family law attorney to learn more about your legal rights and options.

Contrariwise, if you have been falsely accused of abuse and are concerned about the impact those allegations will have on your parental rights or a divorce proceeding, you should also consider seeking the advice of a skilled family law attorney in your area.

Article provided by The Law Offices of James M. Newman and Associates, LLC
Visit us at www.monmouthlaw.com