New Jersey Divorce Source: Domestic Abuse

Recent Article List

Domestic "Contretemps" are not Domestic Violence

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.

Temporary Restraining Orders in New Jersey Domestic Violence Cases

A temporary restraining order (TRO) is a court issued order that stops a domestic abuser from having certain types of contact with the victim.

The Enforcement of Out-of-State Restraining Orders

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.

Family Offenses in Municipal Court

The Municipal Court plays a vital role in domestic violence matters. The Municipal Court is involved in four aspects of domestic violence cases.

Domestic Violence and Custody Implications

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).

Amending Domestic Violence Complaints

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?

How to Defend Against Domestic Violence Charges Based on the Grounds of Harassment

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.

Law Enforcement Officials and Domestic Violence Charges

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.

Defense of Domestic Violence Cases in New Jersey

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.

Basic Weapon Issues in a Domestic Violence Case

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.

Dissolving a Domestic Violence Restraining Order

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.

Violating a Restraining Order

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.

New Jersey 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 Requires Purpose and Intent

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.

Statutory Defense for Domestic Violence

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.

Significant Domestic Violence Cases

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.

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If the divorce is being filed under one of the seven fault grounds (including extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration), the 18 month separation period, required for a no-fault divorce, is waived. However, each ground for divorce has its own stipulations.

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