Dealing with Domestic Violence
If you are going through a custody battle, you may also have the added stress of dealing with domestic violence. This is an extreme hardship that you have to experience and we are here to help you get through this difficult time.
Dealing with Domestic Violence | What Is Domestic Violence?
In New Jersey, domestic violence is defined as the occurrence of one or more of the criminal offenses listed in the Prevention of Domestic Violence Act of 1990:
- Terroristic threats
- Criminal restraint
- Sexual assault
- False imprisonment
- Criminal sexual contact
- Criminal mischief
- Criminal trespass
Dealing with Domestic Violence | Provisions
New Jersey mandates arrest if law enforcement officials take a criminal complaint, seeing evidence of domestic violence. Officials may also seize any weapons in the alleged perpetrator’s possession for safekeeping, or if a court grants the victim an order for the seizure of any specific weapon.
- The court may grant a victim an emergency protective order, including provisions for:
- Keeping the alleged perpetrator from the premises.
- The seizure of weapons.
- Preventing the alleged perpetrator from purchasing any weapon.
- Granting possession of shared pets to the victim.
- Giving the victim exclusive possession of the home.
- Establishing a temporary child custody and parenting plan.
- Ordering the alleged perpetrator to compensate the victim for any losses.
- Ordering the alleged perpetrator into counseling or a psychiatric evaluation.
- Prohibiting contact with the victim.
- Requiring the perpetrator to pay the victim’s living expenses.
Not every protective order in New Jersey will contain all these provisions. The nature and scope of the order will depend upon evidence available, the nature and number of the alleged crimes, and the immediate needs of the victim and children.
The order, along with any police or CP&P reports, could help you win a better result in your child custody negotiations or litigation – which would ultimately be a win for your children.
If you want help dealing with domestic violence, please call our dedicated New Jersey domestic violence attorney today for a free consultation.