If any of the above type of
behavior occurs, victims of domestic violence have the right to
go to court to seek a Temporary Restraining Order (TRO) to bar
contact and communication between them, and (if granted)
thereafter, a Final Restraining Order (entered by a superior
court judge on proper facts) continuing to prevent all contact
and communication between them.
Domestic violence courts in New
Jersey also have the power under the criminal code to order the
seizures of weapons, the removal of dangerous persons, and the
prosecution of those in contempt of court orders. After the
restraining order has been entered, should the order be
violated, he or she runs the risk of being held in contempt,
incarcerated and criminally prosecuted.
As
NJ family law and divorce lawyers, Diamond & Diamond often
represent clients in divorce litigation who have also been
charged with domestic violence. Our attorneys recognize the
devastating effects domestic violence and abuse have on families
and children. When a client is truly guilty of domestic
violence, we counsel him or her to receive the help they need,
as we work to make sure that rights are protected and justice is
served through the courts. In many cases, however, clients face
vague domestic violence charges without a clear understanding of
the law they may have broken.
New Jersey domestic violence law is specific about what does,
and what does not, constitute domestic violence.
Here are some behaviors against
a child, spouse, domestic partner, or person with whom you may
have had a former relationship with, that could result in a
domestic violence charge and conviction in New Jersey:
- Homicide
- Physical
abuse of child, spouse, or domestic partner
- Criminal
restraint or unlawful imprisonment
- Sexual
assault or criminal sexual contact
- Breaking
and entering their home, burglary
- Criminal
mischief, criminal trespassing
-
Harassment, stalking, disobeying a restraining order*
- Verbal
threats of physical abuse, consistent with past behavior
-
Intentional child endangerment
* In New Jersey, stalking is defined
as purposely following somebody in such a way that causes the
person to feel in danger of death or bodily injury. Harassment
is defined as communicating directly, or anonymously, offensive
language or other annoying, unwelcome renderings that may cause
the victim to feel alarmed or concerned about their safety or
freedom.
Domestic violence laws in New
Jersey have become powerful tools to redress abusive behavior
engaged in by individuals in a family-style relationship. A
restraining order can be an effective tool to stop harassing
behavior of a family member, spouse, domestic partner, or
ex-partner. However, domestic violence charges are very serious
and should not be taken lightly. At Diamond & Diamond, we assist
individuals in obtaining orders of protection when appropriate
and defending individuals wrongfully accused.
Victims and Accused
Whether the New Jersey domestic violence law firm is
representing the individual filing the petition or the person
defending the request for an order, the attorneys will work
diligently to represent the client through the entire process.
Domestic abuse issues can arise in the context of marital
disputes, after a separation, or during a relationship.
What Constitutes Domestic Violence?
Many individuals are confused about what actions constitute
domestic violence. The New Jersey domestic violence lawyers at
Diamond & Diamond are experienced in handling spousal abuse and
domestic violence charges and can help you better understand
your unique situation.
Domestic violence
means the occurrence of one or more of the following criminal
offenses upon a person protected under the Prevention of
Domestic Violence Act:
Homicide (N.J.S.A. 2C:11-1)
Terroristic threats (N.J.S.A. 2C:12-3)
Criminal Restraint (N.J.S.A. 2C:13-2)
Sexual assault (N.J.S.A. 2C:14-2)
Criminal sexual contact (N.J.S.A. 2C:14-3)
Burglary (N.J.S.A. 2C:18-2)
Harassment (N.J.S.A. 2C:33-4)
Assault (N.J.S.A. 2C:12-1)
Kidnapping (N.J.S.A. 2C:13-1)
False imprisonment (N.J.S.A. 2C:13-3)
Lewdness (N.J.S.A. 2C:14-4)
Ciminal mischief (N.J.S.A. 2C:17- 3)
Criminal trespass (N.J.S.A. 2C:18-3)
Stalking (N.J.S.A. 2C:12-10)
Stalking has been
added as an enumerated offense. Stalking is defined in
N.J.S.A. 2C:12-10b as follows:
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.
Harassment is defined in N.J.S.A. 2C:33-4 as follows:
...a person
commits a petty disorderly persons offense if, with purpose to
harass another, he:
a. Makes, or causes to be made, a communication or
communications anonymously or at extremely inconvenient hours,
or in offensively coarse language, or any other manner
likely to cause annoyance or alarm;
b. Subjects
another to striking, kicking, shoving, or other offensive
touching, or threatens to do so; or
c. Engages in any other course of alarming conduct or of
repeatedly committed acts with purpose to alarm or seriously
annoy such other person.
Domestic Violence
Representation
A domestic violence action can be very overwhelming for the
family involved. Whether defending a client or filing the
petition, the New Jersey attorneys at the firm who handle child
and spousal abuse issues are skilled in counseling and guiding
clients through the difficult process. These attorneys are
experienced in handling all elements of restraining orders,
protective orders, or violations of protective orders, such as
attaining or contesting:
-
Temporary orders for custody
-
Temporary orders regarding entrance to the marital residence
-
Temporary orders against transferring assets
-
Temporary orders regarding child support
- Other
temporary orders
Quality Representation - Now
If you or a loved one is a victim of abuse, it is essential
to get legal advice as to your rights. If a temporary
restraining order has been filed against you, it is important to
seek an experienced lawyer immediately.
With more than half a century's
experience, it's easy to see that Diamond &
Diamond is the smart choice when you find yourself in need of
NJ domestic violence lawyers.
Email or call us now at 973.379.9292
Diamond & Diamond
NJ Family Law
225 Millburn
Avenue, Suite 208
Millburn, New Jersey 07041
Telephone: 973-379-9292
Facsimile: 973-379-9210
Domestic violence involves
violence or the threat of violence, abuse or harassment
against a spouse, former spouse, any present or former
member of the same household, someone in a dating
relationship, or someone who has, or is about to have, a
child in common. Recently New Jersey’s domestic violence
law was expanded to include claims of stalking.
