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Domestic Violence Requires Purpose and Intent
Domestic Violence is defined under N.J.S.A. 2C:25-19 as follows:
"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."
Each of the following underlying criminal acts require one form or another of purpose or intent:
2C:33-4. Harassment
Except as provided in subsection d., a person commits a petty disorderly persons offense if, with purpose to harass another, he:
A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.
2C:12-1. Assault
Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into mutual consent, in which case it is a petty disorderly persons offense.
2C:12-3. Terroristic threats
2C:12-4 to 2C:12-9. Stalking
As used in this act:
A person is guilty of stalking, a crime of the fourth degree, if he purposely and repeatedly follows another person and engages in a course of conduct or makes a credible threat with the intent of annoying or placing that person in reasonable fear of death or bodily injury.
2C:13-3. False imprisonment
A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
2C:17-3. Criminal mischief
Offense defined - A person is guilty of criminal mischief if he:
2C:18-3. Criminal Trespass
Unlicensed entry of structures. A person commits an offense if knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any structure, or separately secured or occupied portion thereof. An offense under this subsection is a crime of the fourth degree if it is committed in a school or on school property. The offense is a crime of the fourth degree if it is committed in a dwelling. Otherwise it is a disorderly persons offense.
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Domestic Violence Requires Purpose and Intent
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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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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