Spousal Abuse Attorney in Red Bank Protects the Rights and Safety of Clients After Domestic Violence Incidents in Monmouth County, Ocean County, Middlesex County, and Throughout NJ
In New Jersey, tens of thousands of domestic violence incidents are reported to law enforcement each year, while many incidents are likely unreported. Victims of domestic violence can seek legal protection against continued abuse by filing a domestic violence complaint and obtaining a restraining order. Turn to a New Jersey domestic violence lawyer from our firm for help if you face domestic violence or have been accused of abuse. Let our top-rated family law group advocate for your rights, safety, or reputation. Our firm has provided compassionate, reputable legal representation to clients throughout New Jersey for over a hundred years.
You don’t have to face a domestic violence case alone. Contact Joseph J. Russell Divorce & Family Law Attorney, for a confidential consultation to speak with a spousal abuse attorney in Red Bank from our firm. We can help you understand your legal rights and options if you have suffered domestic violence or your partner or spouse has accused you of abuse.
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New Jersey’s Domestic Violence Laws
New Jersey’s Prevention of Domestic Violence Act outlaws acts of domestic violence and provides legal mechanisms for victims to protect themselves from continued abuse. The PDVA defines domestic violence as the commission of one or more enumerated criminal acts in the context of a protected relationship. The abuser and the victim must be at least 18 years old or an emancipated minor. Protected relationships under the PDVA include:
- A spouse or former spouse
- A past or present household member
- A past or current dating, romantic, or intimate relationship
- Having a child or expecting a child together
The listed criminal acts that can constitute domestic violence include:
- Homicide
- Assault
- Kidnapping
- Terroristic threats
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Criminal trespass
- Burglary
- Harassment
- Cyber-harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order
In addition, any crime that risks death or serious bodily injury can constitute a domestic violence offense.
Under the PDVA, a victim of domestic violence may obtain a restraining order against their abuser by proving they have suffered one or more of the listed acts of domestic violence and that they need a restraining order to protect themselves from future domestic violence by the abuser. A court will issue a temporary restraining order upon filing a domestic violence complaint and schedule a hearing to consider whether to issue a final restraining order. In New Jersey, final restraining orders remain in place until withdrawn by the court upon the victim’s request or the defendant showing that the victim no longer needs a FRO for their protection.
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How Domestic Violence Affects Family Law Matters
Allegations of domestic violence and issued restraining orders may influence the outcome of a family law matter, such as a divorce or child custody proceeding. For example, a substantiated history of domestic violence may lead a court in a divorce case to award alimony/spousal support or a more significant share of the marital estate to the spouse who suffered the abuse.
Domestic violence and restraining orders may also affect custody arrangements and parenting time. Courts may deny custody or restrict parenting time to a parent who has committed domestic violence, especially against their co-parent. A court may want to protect a domestic violence victim by eliminating the need for interactions with their abuser during custody exchanges or discussing childrearing decisions. Courts may also use a history of domestic violence as evidence of a person’s lack of fitness to parent. Even when courts award joint custody to an abuser and their victim, the court may impose restrictions to protect the victim, such as requiring custody exchanges and communications about the child through third parties or legal counsel or imposing supervised visitation on the abuser.
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What Can a New Jersey Domestic Violence Lawyer Do to Help You?
Whether you have suffered from domestic violence or have been accused of committing abuse, you need experienced legal counsel from a spousal abuse attorney in Red Bank to protect your rights and interests. Let our legal team help you with your domestic violence case by:
- Thoroughly investigating the circumstances underlying your case to obtain evidence in support of your claims or defense
- Discussing your options with you and preparing you for what to expect during court proceedings
- Drafting and filing your domestic violence complaint
- Explaining the terms of any temporary restraining orders issued by the court
- Advocating for you during the FRO hearing
- Filing motions or petitions to enforce or modify restraining orders
Contact Joseph J. Russell Divorce & Family Law Attorney, for a Confidential Case Review to Learn More About How a Spousal Abuse Attorney in Red Bank Can Protect Your Rights
Due to the seriousness of domestic violence allegations, you need experienced legal counsel to help protect your safety or interests. Contact a New Jersey domestic violence lawyer from our firm for a confidential consultation to discuss how we can assist you in a spousal abuse case.