Domestic Violence and Abuse Proceedings
The Prevention of Domestic Violence Act of 1991 ("the Act") is intended to assure the victims of domestic violence the maximum protection from abuse the law can provide.
A victim of domestic violence is a person protected by the Act and includes any person who is: (1) 18 years of age or older; (2) an emancipated minor who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member; or (3) regardless of age, subjected to domestic violence by a person with whom the victim has had a child in common or with whom the victim has had a dating relationship.
Domestic violence is defined in the Act as the occurrence of one or more of the following criminal offenses upon a person protected by the Act: homicide, terroristic threats, criminal restraint, sexual assault, criminal sexual contact, burglary, harassment, assault, kidnapping, false imprisonment, lewdness, criminal mischief, criminal trespass or stalking.
There are various remedies available to a victim of domestic violence, including but not limited to the following: a restraining order preventing contact with the victim; obtaining exclusive possession of the residence; obtaining temporary custody of the children; and/or obtaining financial support.
Helpful Links:
http://www.nj.gov/dcf/women/domestic/
If you have you been served with a Temporary Restraining Order, you will need an experienced attorney to protect your rights and defend against the allegations. Domestic violence accusations can lead to:
- Loss of your home
- Loss of your job
- Heavy fines
- Legal fees
- Loss of child custody
- Restrictions on visitation
- Increased child support payments
- Criminal penalties and records
- Potential jail time
- Restriction of civil liberties
- Loss of firearms and firearms ID card
- Counseling/anger management/batterer's intervention
- Drug or alcohol evaluation/treatment
Given the complexities involved with Domestic Violence Proceedings, we advise you to contact one of our experienced family law attorneys at 908-735-5161 at Gebhardt & Kiefer today. We handle Domestic Violence and family law issues throughout New Jersey.