There is nothing worse than feeling unsafe in your own home. Nobody should ever have to fear their spouse or partner–in fact, it is your partner’s job to protect you from your fears. Incidents of domestic violence are some of the most heinous, evil cases a family law attorney will ever have to handle. While these situations are disconcerting, to say the least, an attorney can ultimately help you reach a safe haven. Domestic violence victims should never feel shame for coming forward, as people of all races, ages, sexual orientations, and genders have been impacted by domestic violence. Though the path forward may seem unclear, an experienced and compassionate attorney will help pave the way to a stress-free life. If you are a victim of domestic violence, here are some of the questions you may have:
How does New Jersey law protect victims of domestic violence?
The 1991 Prevention of Domestic Violence Act states that if you are a victim of domestic violence, you can request criminal and civil relief. New Jersey takes domestic violence cases very seriously, which is why these laws seek to provide you with the safety you deserve.
How can I get a restraining order in New Jersey?
When you report your partner for domestic violence, a court or local police station will grant a Temporary Restraining Order, or TRO. Some actions that may warrant a TRO are as follows:
- Terroristic threats
- Physical, sexual or psychological abuse
From here, a court will schedule a Final Restraining Order hearing. This is where the court will determine whether a Temporary Restraining Order should become permanent. Additionally, once you receive civil relief via a permanent restraining order, you may also press criminal charges to hold the offender accountable for illegal activity. To do so, you will file what is known as a Criminal Complaint where you reside, where the violent party resides, where the incident occurred, or where you are sheltered.
How do I fight a false charge of domestic abuse?
Unfortunately, since New Jersey is so tough against domestic offenders, there are certain cases where people are falsely accused. If you have been falsely accused of domestic abuse, you must hire an aggressive attorney as soon as you can. False accusations of domestic abuse may negatively impact spousal support, child custody terms, and more.
Contact our experienced New Jersey firm
Domestic violence is never okay. If you need to talk to someone who is compassionate and willing to help, the National Domestic Abuse Hotline is 1-800-799-7233.
The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.