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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 restrain, 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.
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:
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.