If you are over the age of 18 or an emancipated minor, the New Jersey Domestic Violence Law can provide you with protection against domestic violence from current or former spouses/partners or household members.
Our first step would be to remove you and your children from the situation entirely, finding you a safe haven. We then file a complaint in family court, requesting a temporary restraining order (TRO). If granted, there will be a hearing soon after. If evidence is found that there was domestic violence in the relationship, a Final Domestic Violence Restraining Order (FRO) will be issued. There is no time limit on how long a FRO can last.
If you are contacted by your abuser after the restraining order has been issued, contact law enforcement immediately. Your abuser may be arrested and be brought before a family court. If their guilt is determined by the judge, fines or other punishments may be imposed.
Many people are concerned that, if they report domestic violence and file for divorce, that they may lose custody of their children. The best interests of the children are always paramount in child custody cases. If there is a history of domestic violence towards you, or towards the children, this could play a major role in the type of custody ordered by the court.
Domestic violence issues are fact-sensitive and complex. If you have any questions about your specific situation, or any other areas of divorce and family law, please feel free to call us for a legal consult. We will provide you with individualized legal counsel with one of our family lawyers. You may be able to find a way to resolve your domestic violence issue that does not involve the courts, as every case is different.
Keith Family Law is a full-service family law practice in Westfield, New Jersey that serves clients from Union County, Essex County, Hudson County, Morris County, Hunterdon County, Somerset County, Middlesex County, Monmouth County, and Warren County.