Somerset County Domestic Violence Lawyer
Defining Domestic Violence Laws in New Jersey
Various criminal behaviors constitute domestic violence if they are committed against a close family member or a person the aggressor lives with.
The following people can be charged with domestic violence in New Jersey:
- A spouse or former spouse
- A member of the same household, either currently or ever in the past
- A boyfriend, girlfriend, or former boyfriend/girlfriend
- The other parent of your child
If any of these people has ever harassed, stalked, assaulted, threatened, criminally restrained, kidnapped, or forced unwanted sexual contact on you, or trespassed or broken into your home, you have a basis for a domestic violence charge and for filing for an order of protection.
We are also able to provide legal defense for false allegations of abuse. If you need legal help for domestic violence, call (908) 259-6673 to request a consultation.
How to Recognize Signs of Domestic Violence
Spotting the signs of an abusive individual may prove challenging, as the level of danger may start out relatively low.
At first, a person may slowly try to alienate the other party from his or her friends and family, which could be a sign of an attempt to gain control. While this can be harmful enough on its own, the intentions of the abusive party may worsen with time, potentially leading to threats of violence and, in some cases, to acts of physical abuse.
By the time a person becomes aware of these abusive tendencies, he or she may feel stuck in the relationship or even fear that leaving will bring about disastrous consequences. The abusive party may also seek to draw them back in by offering apologies and gifts, but these offerings don’t necessarily come with a guarantee the behavior will cease.
While studies suggest that the period shortly after leaving an abusive partner can be dangerous, staying with someone out of fear of the consequences could be much more harmful in the long run.
Restraining Orders in Somerset County
A restraining order is a civil protection order that the court issues to keep an abuser away from a victim of domestic violence — this may include the home, workplace and more. The abuse may include verbal, physical and mental or psychological abuse.
Depending on what the judge specifies on a restraining order, a domestic violence victim can obtain several levels of protection:
- Contact in any manner — by phone, in person, at work, home or anywhere else — may be forbidden.
- The court can require the abuser to vacate the residence, even if it is in his or her name.
- The abuser may be ordered to pay expenses related to domestic violence such as medical costs, lost income and more.
- The judge may also remove the children from the presence of such a person.
What is a Temporary Restraining Order?
A temporary restraining order is issued by a judge who is satisfied that demanding circumstances exist enough to excuse the failure of the victim to appear personally and that sufficient grounds for granting the temporary restraining order have been shown. This is usually for victims who need immediate protection from someone until the court hearing.
NJ Order of Protection
An order of protection, frequently called a restraining order, prohibits the aggressor from contacting the victim. The order may restrict all contact or prevent the aggressor from coming to the victim’s home, school, or place of employment. The order may be temporary or may become final and permanent after a hearing.
Orders of protection can also prohibit the aggressor from owning a firearm. Consequences for violating a protective order may include contempt of court, fines, and jail time.
Providing Legal Remedies for Domestic Violence Victims in Somerset, Morris, Union, Middlesex & Essex Counties
If you are the victim of domestic violence, you have the right to file a civil complaint under the “Prevention of Domestic Violence act of 1991,” P.L. 1991, c.261 (C.2C:25-17 et al.), along with a criminal complaint. It is advised to file these immediately, as the civil complaint is designed to protect you and the criminal complaint is designed to punish the abuser.
If you’ve experienced violence at the hands of a member of your family, you can take action. There are legal steps you can take that deter the aggressor from harming you again. If you need help, Lane & Lane, LLC can be your guide through the process of obtaining an order of protection or through neglect and removal proceedings. We’re the Somerset County domestic violence lawyers you want for compassionate legal assistance. Continue reading to receive more information about our services and to learn the laws of domestic violence in NJ.
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