Domestic Violence

Most people think of domestic violence as physical abuse but domestic violence may include actual or threatened physical, sexual, emotional, or economic abuse. The New Jersey Prevention of Domestic Violence Act seeks to protect victims of domestic violence. The law applies to individuals over the age of 18 who are experiencing domestic abuse by either a spouse or former spouse, current or former household member, current or previous girlfriends and boyfriends, or the parent of your child or expected child.

What Constitutes Domestic Violence

Pursuant to the New Jersey Prevention of Domestic Violence Act, there are several acts of domestic violence for which a person could receive a Temporary and Final Restraining Order. These include, but are not limited to:


  • Assault

  • Simple Assault

  • Harassment

  • Stalking

  • Terroristic Threats

If you are a victim of domestic violence or abuse, you do not have to live in fear. Under the New Jersey Prevention of Domestic Violence Act, you have the ability to file a domestic violence restraining order in a New Jersey Court. The reasons for obtaining a restraining order varies from case to case but the protections afforded by the restraining order are as follows:

  • The victim will maintain exclusive possession of the family residence

  • The defendant cannot contact the victim

  • The defendant cannot subject the victim to any further domestic violence

  • The defendant is prohibited from entering the victim's residence, property, school, or place of employment

  • The defendant is ordered to stay away from other locations frequented by the victim

In addition, these orders can severely limit and place conditions on abuser’s parenting time and require that an abuser undergo various forms of treatment including but not limited to: anger management, substance abuse evaluations, risk assessments, psychological evaluations, and batterer’s intervention.

False Accusations of Domestic Violence

While some cases of domestic violence are serious, sometimes others are based on false accusations. Sometimes these false accusations are the result of an angry spouse or partner hoping to get gain an advantage in a child custody or spousal support case.

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