Seeking help against domestic violence is not easy and you may be frightened to do so. You are not alone. Domestic violence can happen to anyone regardless of race, age, sexual orientation, religion, or gender. Domestic violence affects people of all socioeconomic backgrounds and education levels. Domestic violence occurs in both opposite-sex and same-sex relationships and can happen to intimate partners who are married, living together, or dating. The New Jersey Legislature has declared domestic violence to be an extremely serious crime, from which victims deserve maximum protection under the law. If you believe you are a victim of domestic violence, please continue reading and speak with our compassionate Bergen County family law attorneys to learn more about how our firm can assist you through every step of the legal process ahead and guide you and your family to safety.
If you are in immediate danger, call 911 or your local emergency service.
Who is a Victim of Domestic Violence?
The New Jersey Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17 et seq.) protects any person who is 18 years of age or older or who is an unemancipated minor who has been subjected to domestic violence by the victim’s current or former spouse/partner, or a current or former member of the victim’s household.
A victim of domestic violence also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common if one of the parties is pregnant.
A victim of domestic violence also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
What Acts Are Considered Domestic Violence?
- Terroristic threats
- Criminal restraint
- False imprisonment
- Sexual Assault
- Criminal Sexual Contact
- Criminal Coercion
- Criminal Mischief
- Criminal Trespass
- Cyber Harassment
- Crimes involving risk of death or serious bodily injury to anyone protected under the Prevention of Domestic Violence Act 1991
- Contempt of a Restraining Order
What to Do After an Incident of Domestic Violence
Though you may feel scared, the first thing you should do is to call the police and explain the situation in detail. The police are well-trained with respect to domestic violence and will assist you.
Additionally, a victim of domestic violence has the right to seek a Temporary Restraining Order (TRO) at either the Family Division of your county Superior Court or at your local police station to keep the abuser away. Our attorneys can assist you in filing your complaint with the Court. Once your complaint has been filed, a Judge will hear your case and determine whether a TRO should be issued. A Judge may grant the TRO if the victim proves that he or she has been subjected to one of the 19 crimes set forth in the New Jersey Prevention of Domestic Violence Act and is in need of the protections of that order.
If the Court issues a TRO, the court will assign a Final Restraining Order court date within 10 days. At this hearing in the Superior Court, the Judge will determine whether the Temporary Restraining Order should be made permanent. Our firm can help you gather and present all of the evidence needed and will fight for your protection.
Here at Aronsohn Weiner Salerno & Kaufman, we understand that issues regarding domestic violence are both time-sensitive and of extreme importance, and we are ready to do everything in our power to protect the safety of you and your family. Please contact us today.
Contact our experienced New Jersey firm
We understand how confusing certain legal issues can be, which is why we are dedicated to providing individuals with the compassionate, knowledgeable legal representation they deserve. Aronsohn, Weiner, Salerno & Kaufman has helped clients with various difficult legal challenges for over 40 years, which is why we know we have the experience needed to do the same for you. For experienced legal counsel regarding family law, litigation, business law, real estate, and criminal law, you know where to turn–contact Aronsohn, Weiner, Salerno & Kaufman today to schedule a consultation.