Domestic Violence Can Be Emotional, Psychological or Physical
Domestic violence is serious. Every year, thousands of women, children, and men are abused by
family members and significant others. Equally troubling is the number of false domestic violence claims that are made to gain the upper hand in divorce disputes.
|photo credit flickr.com|
Temporary Restraining Orders (TRO) are almost always granted when domestic violence allegations are made. A hearing for a Final Restraining Order must be held within ten days. It is important to have experienced legal representation at this hearing. If a Final Restraining Order is granted, it is permanent. The consequences can include granting exclusive possession of residence, granting temporary custody of children, punitive damages, medical coverage for the victim, and limiting visitation with children.
At Aretsky & Aretsky, we are committed to working with people throughout New Jersey dealing with domestic violence. We are committed to ensuring that victims of domestic violence are protected. We also defend the rights of people who are falsely accused of spousal abuse. In addition to our experience handling family law matters, we have significant experience handling criminal defense matters. Our broad experience in these areas of law put us in a position to effectively deal with domestic violence claims.
In 1991, the New Jersey State Legislature passed the Prevention of Domestic Violence Act (PVA), which designated domestic violence as a serious "crime against society" and which implemented some very serious civil and criminal sanctions against those who perpetrate it.
According to the PVA, which is now law under the New Jersey Permanent Statutes, the legislature found that domestic violence is pervasive to the point where thousands of individuals in the state are "regularly beaten, tortured and in some cases killed by their spouses or cohabitants."
- As defined by the New Jersey State Legislature, domestic violence can entail main acts perpetrated by both adults and emancipated minors under domestic or familial circumstances.These acts include: murder, kidnapping, assault, terroristic threats, harassment, stalking, sexual assault, criminal sexual contact, criminal mischief, criminal trespassing, burglary, false imprisonment and lewdness.This definition and criminal penalties for any of these acts as defined under this banner of "domestic violence" apply to emancipated minors. Unemancipated minors--defined as those still under the care of parents or a guardian-- cannot be charged with any of these acts under laws governing domestic violence.
Temporary Restraining Orders
- In 1991, released in tandem with the new domestic violence laws, the New Jersey Supreme Court and the New Jersey Attorney General issued the "Domestic Violence Procedures Manual."
According to the recommendations laid out in the manual, individuals who have suffered domestic violence should first obtain a restraining order against the abuser.
A temporary restraining order can be gained through two courts: Superior Court, Chancery Division, Family Part, or through their local municipal court.
If a victim of domestic violence needs to obtain a restraining order against an abuser outside of court hours of operation, on weekends or during court holidays, he must contact local law enforcement who will aide him in obtaining the order through a judge.
Final Restraining Orders
- If a "final," or permanent, restraining order is sought by a victim of domestic violence, she will need to appear at a court hearing before a judge of the Superior Court, Chancery Division, Family Part, to explain her case and to request the order.
This hearing will take place usually within 10 days of the issuance of the temporary restraining order and both parties must be present, though in most cases the victim of the abuse may present her case to the judge without the alleged abuser being present.
- As the definition of domestic violence in New Jersey is broad, a vast array of civil and criminal penalties may apply to parties convicted of charges under this banner.
Under the state's domestic violence laws, judges may attach additional measures to the sentences of convicted abusers.
Such measures may include: mandated alcohol or drug treatment, and restitution of legal fees incurred by the plaintiff during prosecution.
Read more: http://www.ehow.com/list_6305186_new-jersey-domestic-violence-laws.html#ixzz2iZy5IFSW