New Jersey does not take claims of domestic violence lightly. Home to the Prevention of Domestic Violence Act (PDVA), New Jersey has a list of acts that can be considered domestic violence and also result in criminal charges and a restraining order against the accused. If you are a victim of domestic violence, it is important to have a skilled lawyer on your side to help you protect your rights and get you the results you seek.
Key Takeaways
- Divorce proceedings become significantly more challenging when domestic violence is involved due to safety concerns, child custody issues, and the emotional toll of abuse.
- A skilled New Jersey lawyer specializing in domestic violence cases can provide essential support and guidance throughout the legal process, including negotiation, court representation, obtaining protection orders, handling child custody matters, safety planning, and emotional support.
- Victims of domestic violence need legal professionals who understand their experiences and offer compassionate representation and support to protect their rights and well-being.
Types of Domestic Violence in New Jersey
In New Jersey, the PDVA defines domestic violence as any of the following instances between two individuals with an established relationship:
- Terroristic threats: Any threat to commit violence with the intent to terrorize another person. This can include verbal threats, written threats, or gestures that instill fear and intimidation in the victim.
- Stalking: Stalking refers to a pattern of behavior where an individual repeatedly follows, harasses, or contacts another person in a manner that causes fear or distress. This can include surveillance, unwanted communication, and unwanted gifts, among other tactics.
- Kidnapping: The unlawful abduction or confinement of another person against their will. In cases of domestic violence, kidnapping may occur when one partner forcibly removes the other from their home or restricts their freedom of movement.
- Robbery: When force or the threat of force is used to take property from another person.
- Lewdness: Lewdness may involve engaging in sexual acts or making inappropriate sexual advances without the consent of the victim.
- Sexual assault: Sexual assault encompasses a range of non-consensual sexual acts, including rape, unwanted touching, and sexual coercion.
- Trespass: When an abuser violates a restraining order or enters the victim's home or place of work without consent.
- Burglary: In the context of domestic violence, burglary may involve breaking into the victim's residence to commit acts of violence or harassment.
- Harassment: Harassment involves a course of conduct intended to alarm or annoy another person. This can include repeated phone calls, emails, or other forms of communication that are intended to intimidate or harass the victim.
- Coercion: Threats of violence, emotional manipulation, or financial control to exert power and control over the victim.
- Bodily injury: Bodily injury refers to physical harm inflicted on another person, ranging from minor bruises and cuts to more severe injuries requiring medical attention.
The Challenges of Divorce When Domestic Violence is Involved
Divorce becomes exponentially more challenging when domestic violence is a factor. Safety concerns are paramount, as victims fear retaliation or escalation of violence from their abuser. Child custody and visitation arrangements must prioritize the safety of the children, often requiring supervised visitation or other protective measures. Furthermore, the emotional and psychological toll of abuse will affect the decision-making process. That is why it is important for victims of domestic violence need legal professionals who understand what they have been through and offers compassionate representation and support.
How a Skilled NJ Lawyer Can Help With Your Domestic Violence Case
Now let’s learn how a lawyer can assist you with your domestic violence case:
Negotiating the Best Possible Outcomes for the Client
A domestic violence lawyer, whether they are from Ziegler Law Group, LLC, or elsewhere, will do their best to gather whatever evidence is available. The attorney does this by speaking with you, the other party, as well as others who know you and your spouse.
Depending on the accusations raised against the defendant in the case, there may be no reason to go to court. Sometimes, negotiations can be settled without a need for litigation, which can keep you and your family out of the public eye, for example.
Legal Representation in Court
A skilled New Jersey lawyer specializing in domestic violence cases will provide legal representation and guidance throughout court proceedings. This includes preparing and filing necessary paperwork, such as restraining orders or petitions for temporary custody, and advocating for the client's interests during hearings and trials.
Protection Orders
A skilled NJ lawyer can assist victims of domestic violence in obtaining protection orders, such as restraining orders or orders of protection. These legal documents are essential for ensuring the safety and well-being of victims by legally prohibiting the abuser from contacting or approaching them.
Child Custody and Support Matters
Domestic violence cases often involve complex issues related to child custody and support, especially if the victim and the abuser share children. A skilled lawyer can help victims navigate these matters, advocating for their parental rights and the best interests of the children involved.
Safety Planning
In addition to legal representation, a skilled NJ lawyer can provide valuable support and resources for safety planning. This may include connecting victims with local shelters, counseling services, and other support networks to ensure their immediate safety and well-being.
Emotional Support and Advocacy
Dealing with domestic violence can take a significant emotional toll on victims. A skilled lawyer not only provides legal representation but also serves as an advocate and source of emotional support throughout the legal process.
Contact a NJ Lawyer Today
Navigating the challenges of divorce in the presence of domestic violence requires specialized legal support and compassionate advocacy. Victims of domestic violence deserve legal professionals who understand their experiences and are dedicated to protecting their rights and well-being. If you are facing domestic violence challenges in your divorce, don't hesitate to seek assistance from a skilled NJ lawyer. At Ziegler Law Group, LLC, we are committed to providing comprehensive legal representation and support to victims of domestic violence. Contact us today at 973-533-1100 or by filling out the online form to schedule a consultation and take the first step towards achieving the safety and justice you deserve.