Acts of Domestic Violence
New Jersey laws are quite extensive when it comes to defining domestic violence. Each one of the eighteen acts correlates to the criminal statutes. Physical altercations are just one aspect of domestic violence. Also included are charges of harassment, stalking, lewdness, and terroristic threats. Recently, cyber-harassment was added as a predicate act of domestic violence. For a more complete list of acts of domestic violence, you can review the actual law.
Consequences of Domestic Violence
For the victim, securing protection is of utmost importance. Although a municipal court judge may issue a temporary restraining order, permanent restraining orders are executed by family court. Obviously, the first goal is to ensure the victim is safe.
In addition to restraining orders, the defendant will most likely face criminal charges. In some circumstances, this could mean court fees, fines, and incarceration.
All things considered, restraining orders may not just affect the domestic violence victim. For example, a parent may risk violation of a restraining order when trying to visit his or her children. A restraining order could also carry negative employment implications.
Unfortunately, a select number of individuals make fraudulent domestic violence complaints thinking they will help their divorce or custody case. These accent the need to obtain legal representation whether you are a victim or defendant.
Restraining orders are taken quite seriously by both law enforcement officials and the court. There may come a time that the parties feel there is no longer a need for protection under the Domestic Violence Act. The steps to request dismissal of a restraining order are quite involved and include a court appearance before the same judge who executed the original order. Many requests are denied and legal advice is suggested if it is your intention to seek dismissal.
If you are the victim of domestic violence, the Law Offices of DiFrancia & DeDona P.C. would like to provide you with experienced legal advice. Likewise, if you have been accused of domestic violence, legal representation is imperative. Call us to schedule an appointment as soon as possible.