New Jersey Domestic Violence Laws: Legal Protection, Criminal Defense
Either party in a domestic violence dispute, whether it happens outside of marriage or surfaces during the divorce process, can benefit from an attorney's advice.
March 03, 2011
Domestic violence allegations are treated with extreme seriousness under New Jersey law. If a present or former spouse, domestic partner, co-parent or dating partner makes accusations of physical assault, harassment, stalking, terroristic threats or ten other criminal offenses, the court can immediately issue a restraining order that prohibits certain types of conduct and is backed by serious legal consequences. Whether you feel the need to seek legal protection or you face accusations, you should understand your legal rights and options.New Jersey's Prevention of Domestic Violence Act (PDVA) outlines the process by which a person who alleges domestic violence (the plaintiff) can be granted a restraining order against the accused abuser (the defendant). The plaintiff, who must be 18 years or older (or an emancipated minor), can file for a restraining order with the Domestic Violence Unit of the Superior Court/Family Division in any location where domestic violence occurred, the defendant lives, or the plaintiff lives or is sheltered.
New Jersey Restraining Order Timelines
After the plaintiff answers specific questions about the alleged domestic violence and attends a brief hearing at the courthouse, a judge or domestic violence hearing officer may issue a temporary restraining order (TRO). The defendant is only notified after this process is complete that he or she is the subject of a restraining order, and informed of the date of the final restraining order (FRO) hearing (within 10 days of issuance of the TRO).
The terms of a TRO can place many restrictions on the defendant, including:
- Granting exclusive possession of a residence and temporary custody of children to the plaintiff
- Providing emergency support to the victim and any dependents
- Limiting or prohibiting visitation and assessing dangers to children posed by the defendant
Both parties are able to testify at the FRO hearing, and if the court finds that an act of domestic violence occurred and ongoing protection is necessary, further sanctions can include punitive damages, which can even be granted to third parties as the court deems necessary.
Most important of all, the defendant will be photographed, fingerprinted, fined and possibly charged with a felony. Furthermore, an FRO under New Jersey law does not expire unless the plaintiff seeks its dismissal, and can be enforced in any other state.
Discussing the Law With a New Jersey Domestic Violence Lawyer
A great deal is at stake for either party in a domestic violence dispute, whether it happens outside of marriage or surfaces during the divorce process. By consulting with a New Jersey attorney who understands both criminal defense and family law matters, you can explore your options for seeking the full protection of the law or defending your liberty and reputation against false accusations.
Article provided by Jeffrey W. Goldblatt Law Office Visit us at www.jgoldblattlawfirm.com