Domestic violence is a serious issue affecting individuals and families throughout New Jersey. As a domestic violence attorney, I, Blake W. Rush, recognize the complexities and emotional toll these situations can impose. It is crucial to be aware of your rights and the legal protections available under New Jersey law.
This blog aims to provide an overview of domestic violence laws in New Jersey and the steps you can take to safeguard yourself and your loved ones.
Understanding Domestic Violence in New Jersey
Domestic violence encompasses a range of abusive behaviors that can occur between individuals in a domestic relationship, including spouses, former spouses, cohabitants, dating partners, and family members. The New Jersey Prevention of Domestic Violence Act (PDVA) recognizes various acts as domestic violence, including but not limited to:
- Assault
- Harassment
- Stalking
- Terroristic threats
- Kidnapping
- Criminal restraint
- Sexual assault
Legal Protections and Remedies For Domestic Violence Victims
Restraining Orders
One of the primary legal protections available to victims of domestic violence in New Jersey is a restraining order. Violation of a restraining order will lead to criminal charges. There are two types of restraining orders:
- Temporary Restraining Order (TRO): A TRO can be issued quickly and without the abuser’s presence if the victim demonstrates immediate danger. This order provides temporary protection until a court hearing is held. Generally, within ten days of a TRO’s entry, the Court will hold a hearing to determine whether a Final Restraining Order’s entry is warranted.
- Final Restraining Order (FRO): After a hearing, if the Court determines that domestic violence occurred and that the victim is in need of the protection of a permanent restraining order, an FRO may be issued. The Court will consider the parties’ history of domestic violence in making this determination. This order provides permanent protection and can include provisions such as prohibiting the abuser from contacting the victim, requiring the abuser to move out of a shared residence, and granting temporary custody of children.
Criminal Charges
In addition to restraining orders, perpetrators of domestic violence may face criminal charges separate and apart from the restraining order proceedings. Law enforcement agencies and prosecutors take domestic violence seriously, and offenders can be charged with various crimes depending on the nature and severity of the abuse. Penalties can include imprisonment, fines, and mandatory counseling.
Civil Remedies
Victims of domestic violence may also pursue civil remedies, such as suing for damages resulting from the abuse. This can include compensation for medical expenses, lost wages, pain and suffering, and emotional distress.
Steps to Take if You Are a Victim of Domestic Violence in NJ
- Seek Immediate Safety: If you are in immediate danger, call 911 or your local law enforcement agency. Ensure that you and your children are in a safe place. For additional support, you can also contact the National Domestic Violence Hotline at 1-800-799-7233.
- Obtain a Restraining Order: Visit your local courthouse to request a TRO. Provide as much detail as possible about the abuse and the threat it poses to your safety.
- Document the Abuse: Keep records of any incidents of abuse, including dates, times, descriptions, and any witnesses. This documentation can be vital in legal proceedings.
- Seek Legal Representation: A knowledgeable domestic violence attorney can help you navigate the legal system, obtain necessary protections, and represent your interests in court.
- Access Support Services: Numerous organizations and resources are available to help victims of domestic violence, including shelters, counseling services, and support groups. Utilize these resources for additional support and guidance.
Legal Support for Domestic Violence Victims
Domestic violence is a grave issue that requires immediate and effective action to ensure the safety and well-being of victims. New Jersey’s domestic violence laws provide robust protections, including restraining orders, criminal penalties, and civil remedies. If you are a victim of domestic violence, it is essential to understand your rights and the legal options available to you.
The Law Office of Blake W. Rush is dedicated to advocating for the rights and safety of domestic violence victims. If you or a loved one are facing domestic violence, please do not hesitate to contact us for a confidential consultation. Together, we can take the necessary steps to protect your rights and secure your future.