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A major issue in many domestic violence cases is whether ordinary family arguing and fighting constitutes harassment under the New Jersey Prevention of Domestic Violence Act. The vast majority of domestic violence cases are based under the charge of simple harassment.
A temporary restraining order (TRO) is a court issued order that stops a domestic abuser from having certain types of contact with the victim.
Domestic violence crosses state boundaries. Victims may leave the states where they had resided and where they had obtained restraining orders to protect themselves against further attacks by their abusers.
The Municipal Court plays a vital role in domestic violence matters. The Municipal Court is involved in four aspects of domestic violence cases.
To be blunt if a person is convicted of committing an act of domestic violence then this event may nuke his or her chances to obtain custody of the child(ren).
My wife has filed a domestic violence case against me solely with the purpose to try to get me removed from the marital home. She is alleging that I slapped her in the face. However, at the trial I anticipate that she will also try raise other allegations of domestic violence that are not even contained in the domestic violence complaint. Is she permitted to do this?
The majority of domestic violence cases are filed on the grounds of harassment. When a marriage is on the rocks then the quickest way to have a spouse removed from the marital home is by filing for a restraining order. Quite often a devious spouse will conjure up harassment charges and then go file for a restraining order case.
There are many cases wherein numerous law enforcement officers are wrongfully charged with committing an act of domestic violence. Moreover, most of these victims of these frivolous charges have struggled long and hard to get their careers back on track long after the Domestic Violence case was dismissed.
Domestic violence is a very serious problem in New Jersey. Each year thousands and thousands of domestic violence cases are filed. While most of the domestic violence cases have merit, there are many instances where defendants are falsely accused.
When the police respond to a complaint for domestic violence and if they find a weapon(s) present in the home, they may seize the weapon(s) if they believe it would expose the victim to a risk of serious bodily injury. In the real world the police always seize all weapons once they arrest a person for a DV complaint.
The victim has a right under the Domestic Violence Act to either dissolve or modify a final restraining order. The victim must go to the Family Intake to be screened to see if the change if voluntary, without coercion and duress, and be counseled concerning their rights and the ramifications of the dismissal.
In many cases, a restraining order simply is written in an unfeasible manner. In most instances, divorced couples still have to raise their children together even when a restraining order bars them from having any contact with each other. When the parties are married, a Family Court will issue a restraining order if there is a finding of domestic violence.
In 1982, the Prevention of Domestic Violence Act, codified at N.J.S.A. 2C:25-17, et seq. was enacted to address domestic abuse and provide civil remedies for victims in the form of a restraining order.
Domestic violence means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor.
It is the Plaintiff who must establish by a preponderance of the evidence that each and every element of the Domestic Violence Complaint and underlying reference to the enumerated criminal statutes are met.
Certain conduct may be regarded as ’consensual’ involving ’give and take’ and subtle ebb and flow of marital life. In these areas, courts and juries cannot be expected to grasp sensibly and consistently the acceptable norm of married living or chart the parameter of reasonable marital behavior as a predicate for affixing liability in tort.
New Jersey has five types of spousal support. Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce. Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply. Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training. Alimony pendente lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made. Finally, there is permanent alimony which is usually appropriate in long term marriages and typically terminates upon the death of either party or remarriage.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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